The South Carolina Residential
Landlord-Tenant Act
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This Presentation Is For Educational
Purposes Only
 This
Landlord-Tenant law presentation
is provided as an educational resource
and is not intended as an answer to a
specific legal question relating to any
specific set of facts.
Legal Assistance For The Community

South Carolina Legal Services (Serving the
low-income community)
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
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The South Carolina Code
Basic South Carolina Landlord-Tenant law is
addressed in Title 27 of the SC Code:

South Carolina Residential Landlord and Tenant Act


Landlord and Tenant Generally


§ 27-40-10 et. seq.
§ 27-33-10 et. seq.
Creation, Construction and Termination of Leasehold
Estates

§ 27-35-10 et. seq.
More on the South Carolina Code
Basic South Carolina Landlord-Tenant
law is addressed in Title 27 of the SC
Code:

Ejectment of Tenants


Rent


§ 27-37-10 et. seq.
§ 27-39-10 et. seq.
Manufactured Home Park Tenancy Act

§ 27-47-10 et. seq.
Related Statutes and Regulations

Federal Law

Federal Fair Housing Act


42 U.S.C. § 3601 et. seq. / 24 CFR Part 100, 103, & 104
State Law

South Carolina Fair Housing Law

§ 31-21-10 et. seq.
South Carolina Residential Landlord and
Tenant Act

The South Carolina Residential Landlord and
Tenant Act (SCRLTA) is located at § 27-40-10 et.
seq. It applies to most Landlord-Tenant
arrangements except the following:

Residency in an institution;

Occupancy of a buyer under a contract of sale;

Occupancy in a structure associated with a fraternal
or social organization;
South Carolina Residential Landlord and
Tenant Act

Transient occupancy in a hotel, motel or other accommodations
subject to the sales tax on accommodations;

Occupancy in premises owned by an employer-Landlord where
occupancy is conditional upon employment;

Occupancy by the owner of a condominium unit or the owner of a
proprietary lease in a co-op;

Occupancy under a rental agreement covering the premises used by
the occupant primarily for agricultural purposes;
South Carolina Residential Landlord and
Tenant Act


Occupancy in a vacation time share; and

Residence at a charitable or emergency protective
shelter
The SCRLTA is a gap-filler. It covers omitted
necessary terms without overly-limiting the ability
of a Tenant and a Landlord to make a rental
agreement.

Examples of Necessary Terms: Term of the tenancy,
usage of the apartment, etc.
Is a Written Lease Required?

No, but it’s smart to have one.

Remember, like any other contract,
performance on the part of the tenant or the
landlord can make a lease effective. (§ 27-40320)
What is NOT Allowed in a Rental
Agreement? - § 27-40-330

A waiver of the Tenant’s rights or remedies under
the SCRLTA

Provisions that shift the Landlord’s liability to the
Tenant

The Tenant may recover additional damages if the
Landlord deliberately or maliciously includes these
terms in a lease
Obligations of the Landlord

Landlords must:


Deliver possession of the unit at the beginning of the
lease term (§ 27-40-430)
Disclose owner or any agents who are authorized to act
on owner’s behalf re: service, notices, demands (§ 27-40420)
In writing
 Before or at the beginning of the tenancy
 Must include the name and address of the owner and agents
 Because agents of the Landlord must comply also, failure to
comply makes the authorized person liable for purpose of
service of process, notice/demands/ and performing
Landlord’s obligations

Obligations of the Landlord

Landlords must:
 Maintain
the Premises (§ 27-40-440)
 This includes:
 Complying with housing and building codes
affecting health and safety
 Making repairs and keeping premises in fit and
habitable condition
 Keeping common areas in a reasonably safe
condition
 Keeping common areas in a reasonably clean
condition (if more than 4 units on premises)
 Making running water, reasonable amounts of
hot water, and reasonable heat available
Obligations of the Landlord

Maintaining electrical, gas, plumbing, sanitary, heating,
ventilating, air condition, and other facilities and
appliances in reasonably good and safe working condition

Note: Appliances located in the unit are presumed to be
supplied by the Landlord unless the rental agreement says
otherwise

Note: Where the building/housing code requires more
than the SCRLTA, the building/housing code trumps
Additional Rules and Regulations from
the Landlord

A Landlord can adopt rules or regulations about
the Tenant’s use and occupancy of the property if:
(§ 27-40-520)




They are to promote the safety, convenience, or welfare
of the Tenants, preserve the property from abuse or
make a fair distribution of services and facilities for
Tenants;
They are reasonably related to the purposes for which
they are adopted;
They apply to all Tenants in a fair manner;
They are specific enough to put the Tenant on notice of
what is and is not allowed;
Additional Rules and Regulations from
the Landlord

They are not meant to help the Landlord evade his or
her obligations; and

The Tenant receives notice when entering into the
rental agreement or when the rules are adopted
 If
the rules and regulations substantially modify the
bargain and if the Tenant objects in writing to the Landlord
within 30 days after promulgation of the rules, the
rules/regulations are not valid as to that Tenant
Limitation of Liability

Under § 27-40-450, unless otherwise agreed,
when a Landlord sells the premises, the
Landlord is relieved of liability under the rental
agreement for events occurring after the
Tenant receives written notice of the sale

Except as to the security deposit if the security
deposit is transferred to the new purchaser and the
Tenant is notified in writing a reasonable time after
the sale about the transfer of the deposit

If this occurs, the new purchaser is on the hook for
complying with security deposit requirements
Prohibited Conduct by Landlord

Landlords cannot:

Abuse their right to access the premises –



Shut off essential services - § 27-40-630 and § 2740-660
Improperly exclude the Tenant from the unit



§ 27-40-530(c) and § 27-40-660
§ 27-40-660
Engage in retaliatory conduct for a Tenant’s
complaint- § 27-40-910
Fail or refuse to comply with the requirements
regarding the return of security deposits –

§ 27-40-410
Obligations of the Tenant

Tenants must: (§ 27-40-510)






Keep the unit reasonably safe and clean
Dispose of trash and waste from unit in a reasonably
clean and safe manner
Keep plumbing fixtures in unit reasonably clean
Use facilities and appliances in reasonable manner
Comply with lease, rules, and regulations
Pay rent on time (§ 27-40-710)
Prohibited Conduct by the Tenant

Tenants cannot:






Damage the unit or allow guests to do so
Unreasonably withhold consent for the Landlord
to enter the unit to inspect, repair, or exhibit the
unit (§ 27-40-530)
Disturb other Tenants or allow guests to do so
Violate health and safety codes
Abandon the rental unit (§ 27-40-730)
Use the premises for purposes other than a
dwelling or conduct illegal activity on premises (§
27-40-540)
Accessing the Unit

When a Landlord can enter the unit:

Without consent (§ 27-40-530)
In case of emergency
 Between 9am and 6pm for regularly scheduled services if
stated in rental agreement conspicuously, and if the
Landlord announces the intent to do so prior to entering
 Between the hours of 8am and 9pm to provide services
requested by the Tenant, and if the Landlord announces
the intent to do so prior to entering
 With a court order
 Other limited circumstances


In all other cases, Landlord must give 24 hours notice
and can only enter at reasonable time
Lease Termination by Landlord

If Tenant fails to comply with lease through:

Nonpayment of rent (§ 27-40-710)
Tenant has five days from date the rent is due to pay
 Landlord must give written notice of nonpayment and his
intent to terminate the rental agreement if rent is not paid
during the five day period under § 27-40-710(B)




If this notice is part of the written rental agreement, no other
notice is necessary
Only one such notice is required for any lease term
Breach of lease materially affecting health and safety or
physical condition of the property (§ 27-40-720)

Landlord must give 14 day written notice to Tenant unless the
case is an emergency
Lease Termination by Landlord

Abandonment of the Unit (§ 27-40-730)
 If
there is an unexplained absence by the Tenant for 15
days after a failure to pay rent
 If the Tenant has voluntarily terminated the utilities and
there is an unexplained absence after failure to pay rent,
the 15-day rule does not apply

 If
Abandonment is considered immediate
abandonment and Tenant leaves property less than
$500 in value, the Landlord can enter the unit and
dispose of the property
 If abandonment and Tenant leaves more than $500 in
property, Landlord must deal with property through the
ejectment procedure in § 27-37-10 et. seq.
Lease Termination by Landlord

Through normal ending of lease
 Written
notice of termination of lease with at least one
term’s notice
If lease is week-to-week, one week’s notice
 If lease is month-to-month or for 1 year, one month’s notice

Lease Termination by Tenant

If Landlord fails to comply with the lease through:

Lease violations or breach of lease that materially affects health
and safety or the physical condition of the unit, the Tenant may
give 14 days notice to the Landlord in writing



§ 27-40-610
The Landlord has the opportunity to cure the breach
Failure to deliver possession of the unit to Tenant

§ 27-40-620
 Tenant can give 5 days’ written notice to the Landlord to
terminate (and get back prepaid rent and security deposit) or
 Tenant can demand performance of rental agreement
Lease Termination by Tenant
 Fire


and Casualty Damage (§ 27-40-650)
If unit is uninhabitable, Tenant may immediately vacate and give
Landlord 7 days’ notice in writing of the intention to terminate the
rental agreement
If the unit is partially inhabitable and lawful, Tenant’s rent is reduced
in proportion to diminution in value of rental unit
 Unlawful

ouster or exclusion by Landlord
§ 27-40-660


No specific notice required, but Tenant can either recover
possession or terminate rental agreement and three times the
rent or twice the actual damages (whichever is greater)
If termination of rental agreement, Landlord must return
security deposit
Security Deposits

§ 27-40-410

When the tenancy is terminated, the security deposit must
be returned to the Tenant minus any amount held for rent
and damages due to Tenant’s noncompliance with the lease
(not normal wear and tear) within the latter of 30 days from
the termination date or demand by the Tenant

Itemized damage list plus refunded portion if damages

The Tenant must provide the Landlord in writing with a
forwarding address for security deposit return

Potential for treble damages if Landlord does not comply
Jurisdiction Under the SCRLTA

Circuit Courts and Magistrate Courts both
have jurisdiction (i.e., concurrent
jurisdiction) over Landlord-Tenant disputes
and evictions under the SCRLTA. See § 22-310(10)
Service of Process Under the SCRLTA –
Serving the Tenant

Serving the Tenant


Once served, the Tenant has 10 days to respond to Rule to Show
Cause
Methods of Service


Personal Service - § 27-37-30(A)
If the unit has been abandoned, service can be made through
posting - § 27-37-30(B)
 Posting = On the most conspicuous part of the premises
 Abandonment = Unexplained absence from the premises for
at least 15 days after failure to make a rental payment

Before the first attempt at service
Service of Process Under the SCRLTA –
Serving the Tenant

By posting and mailing – § 27-37-30(C)
 Two attempts must have been made first at least 48 hours apart
and at different times of day at least 8 hours apart
 On the first attempt to serve, a copy of the Rule to Show Cause
must be posted at the most conspicuous part of the premises.
 On the second attempt to serve, the documentation of the two
attempts to serve the rule must be attached to the copy of the
Rule to Show Cause when it is affixed to the most conspicuous
part of the premises.
 Service assumed completed after 10 days have passed from time
of mailing, unless Tenant contacts Court prior to 10 days.
 When service through posting and mailing, Magistrate Court Clerk
must verify that proper documents were placed in a properly
addressed envelope with proper postage and mailed
Evictions - §27-37-10 et. seq.

Landlords must proceed in court to evict, unless
there is an abandonment situation with less than
$500 in property per § 27-40-730

Tenant receives service per previous slides, and has
10 days to request a hearing

A jury trial is available on demand by either side
Evictions - §27-37-10 et. seq.

While case is pending, Tenant keeps paying rent
while in possession of unit without Landlord’s
rights being waived

(§ 27-37-150)
PROTECTIONS FOR TENANTS IN FORECLOSED
PROPERTIES

A new federal law called the “Protecting Tenants at
Foreclosure Act” (PTFA) protects tenants who are renting
homes or apartments that are being foreclosed on.

Bona fide tenants in bona fide leases entered into before the
notice of foreclosure are protected on any foreclosures that
occurred after May 20, 2009 and before January 1, 2015.

Recent law has defined the “date of a notice of foreclosure”
as the date "on which complete title to a property is
transferred to a successor entity or person as a result of an
order of a court or pursuant to provisions in a mortgage, deed
of trust, or security deed."
NEW PROTECTIONS FOR TENANTS IN
FORECLOSED PROPERTIES

Applies to tenants who live in a property with a
federally-related mortgage loan (such as HUD loans,
Fannie Mae, Freddie Mac, and many other types of
commercial loans) OR lives in ANY dwelling or
residential real property with a lease

Must be a bonafide tenancy and a bonafide lease


Must be arms’ length transaction
Tenant cannot be paying substantially less than fair
market rent unless there is a subsidy involved (e.g.,
Section 8)
NEW PROTECTIONS FOR TENANTS IN
FORECLOSED PROPERTIES

The protections that tenants have under the PTFA
are:

Tenants with less than 90 days left on their leases:


Tenants with more than 90 days left on their leases:



Entitled to 90 days’ notice before the new owner can file an
eviction action in court (includes verbal/oral leases)
Have a right to stay in their unit until the end of the lease
Exception: The lease may be terminated with 90 days’ notice if
the new owner will occupy the unit as his or her primary
residence
There may be independent grounds for the new owner to
evict the tenant (e.g., nonpayment of rent, violation of
lease terms, etc.).
NEW PROTECTIONS FOR TENANTS IN
FORECLOSED PROPERTIES

Tenants in Housing Choice Voucher/Section 8
Housing get even more protection


New owners of foreclosed properties that have
tenants living in them who have Housing
Choice/Section 8 Vouchers not only take the
property subject to the tenant’s Housing
Choice/Section 8 Voucher lease, but also subject to
the Housing Assistance Payment contract
Again, independent termination or eviction
grounds may apply, but the new owner
wanting the property vacant before selling it is
not “good cause” for termination or eviction.
A Few Words About Fair Housing Laws

In brief, the Federal Fair Housing Act and its
amendments prohibit housing discrimination on
the basis of:
- Race
- Color
- Gender
- Religion
- National Origin
- Disability
- Familial Status
Fair Housing Laws

Fair Housing Laws generally prohibit the following,
if they are done based on one or more of those
seven categories:







Refusal to rent
Refusal to negotiate for housing
Making housing unavailable
Setting different terms, conditions, or privileges for rental of a
dwelling
Providing different housing services or facilities
Falsely stating that housing is unavailable for inspection or rental
Denying access to or membership in a facility or service related to
the rental of housing
Does the FHA Give Additional Rights to
the Disabled?

Yes. Under the FHA, if a tenant or someone in
the tenant’s household is disabled, he or she
must be allowed to make reasonable
modifications to the unit or common areas if
needed for the disabled person to use the
housing.


The reasonable modifications must be paid for by the
disabled person or family.
If it is reasonable, the landlord can make the tenant
remove the reasonable modifications when the
tenant moves.
What are Reasonable Modifications?

They are necessary physical changes to the housing or
common areas to help a disabled person use the
housing.

Some examples of reasonable modifications are:

Having a doorway widened to fit a wheelchair

Having a ramp added to a unit for a wheelchair

Having “grab bars” added to a bath tub
* There are special rules for some newer buildings where these
changes must already be made.
Do the FHA and Related Laws Give
Additional Rights to the Disabled?

Yes. The FHA, Section 504 of the Rehabilitation Act of 1973,
and Title II of the Americans with Disabilities Act all prevent
housing discrimination against the disabled.

If the tenant or someone in the tenant’s household is
disabled, the tenant also has the right to have reasonable
accommodations made if it will help the disabled person to
use the housing.

The cost of the reasonable accommodation is not paid for by the
disabled person.

A reasonable accommodation must be necessary to help the disabled
person using the housing.
What are Reasonable Accommodations?

Reasonable accommodations are necessary
changes to a Landlord’s rules or policies to
help a disabled person use the housing.

Some examples of reasonable
accommodations are:


Allow a seeing eye dog in a building where pets
are not allowed
Making disabled parking available in front of a
unit for a disabled person
Does South Carolina Have a state Fair
Housing Law?

Yes. South Carolina’s Fair Housing Law
(found at SC Code Ann. § 31-21-10 et. seq.)
echoes the federal law.

The South Carolina Human Affairs
Commission is the agency that oversees the
SC Fair Housing Law (for non-federally
funded properties)
Contact Info:
Hunger, Housing, and Community
Economic Development
SC Appleseed Legal Justice Center
P.O. Box 7187
Columbia, SC 29202
(803) 779-1113