South Carolina Landlord-Tenant Laws: A Plain-English Guide
South Carolina landlord-tenant laws favor speed. There's no deposit cap or rent control, a conspicuous lease clause can waive the 5-day notice for unpaid rent, and an uncontested ejectment can finish in 2-4 weeks. In exchange, you must return deposits with an itemized list within 30 days or risk triple damages, and give 24 hours' notice before routine entry. Here is the landlord year, and how SC compares on security deposit laws by state.
By LandlordTested editorial teamLast reviewed
South Carolina at a glance
- Security deposit limit
- No statutory limit
- Deposit returned within
- 30 daysReturn within 30 days after termination with a written itemization of deductions (tenant should provide a forwarding address). Willful noncompliance = 3x the amount wrongfully withheld + attorney fees.
- Late fees
- No statutory cap (must be in the lease and reasonable)
- Rent control
- No statewide rent controlNo statewide rent control; local rent control on private residential property is prohibited.
- Entry notice
- 24 hours' notice; between 8 a.m. and 8 p.m. for routine entry
- Notice for unpaid rent
- 5-day written notice to pay rent (not required if the lease contains a conspicuous notice that no further notice will be given)
- Ending a month-to-month
- 30 days30 days' written notice (S.C. Code § 27-40-770(B)).
Source: S.C. Code Ann. § 27-40-410; S.C. Code Ann. §§ 27-40-710, 27-40-770; § 27-37-10
South Carolina topic guides
General information, not legal advice. Last legal review October 18, 2026. Laws change; check the statute or a local landlord-tenant attorney before acting.
Before the lease
Screening
South Carolina adds little to federal screening rules, so follow those closely. Get written consent before you pull a report and send an adverse action notice if a report leads to a denial (Fair Credit Reporting Act). Apply the Fair Housing Act to every decision, and review criminal records individually, not with blanket bans. HUD withdrew its 2016 guidance in 2025, but the Act still applies.
The deposit
There’s no cap on the amount. One month’s rent is a common starting point; more for a pet or a thin credit file is your call. What South Carolina regulates is the return (S.C. Code Ann. § 27-40-410), so set up the paper trail now: a move-in condition report signed by the tenant, and dated photos of each room.
The lease clauses that matter most here
Two lines in a South Carolina lease do a lot of work:
- The late-rent waiver. A conspicuous statement that no further notice will be given when rent is late removes the 5-day notice requirement. Rent is due on the due date without demand unless the lease says otherwise.
- The late fee. There’s no statutory cap, but the fee must be in the lease and reasonable.
Add the federal lead-based paint disclosure if the building was built before 1978.
During the tenancy
Rent increases
Rent control is preempted (S.C. Code Ann. § 27-39-60). Raise rent at renewal or, for month-to-month tenants, with at least 30 days’ written notice.
Late fees
Set the fee in the lease and keep it reasonable. On $1,350 rent, a flat $65 is easier to defend than a fee that grows every day.
Entry
Routine entry needs 24 hours’ notice, between 8 a.m. and 8 p.m. (S.C. Code Ann. § 27-40-530).
Repairs
You must keep the unit fit and habitable and make repairs within a reasonable time after notice. Log repair requests with dates. A tenant who claims you ignored a problem can raise it at the ejectment hearing.
Ending the tenancy
Notices
| Situation | Notice |
|---|---|
| Unpaid rent | 5-day written notice to pay, unless waived by a conspicuous lease clause |
| Lease violation | 14-day notice to cure or terminate (§ 27-40-710(A)) |
| Month-to-month | 30 days’ written notice (§ 27-40-770(B)) |
Move-out and deposit return
Inspect the unit with your move-in report in hand. Within 30 days, return the deposit with a written itemization of deductions. A worked example: rent is $1,400, the deposit is $1,400, and the tenant leaves $200 in unpaid utilities you were billed for and a $150 carpet repair beyond normal wear. Your itemization lists $350 with receipts, and you refund $1,050. Willful noncompliance costs three times the amount wrongfully withheld plus attorney fees.
Eviction overview
South Carolina calls it ejectment (S.C. Code Ann. §§ 27-40-710, 27-40-770; § 27-37-10).
- Give the 5-day notice (unless waived) or the 14-day violation notice.
- File an Application for Ejectment in the magistrate court for the area where the property is located. Expect about $40 to file and about $10 for the writ, plus service, but confirm with the magistrate’s office.
- The court issues a Rule to Vacate or Show Cause, which is served on the tenant. The tenant has 10 days to request a hearing.
- If no hearing is requested, or you win at the hearing, the magistrate issues a Writ of Ejectment.
- The constable or sheriff posts the writ, and the tenant can be removed 24 hours after it is served.
Never change the locks or remove belongings yourself. The writ is the only lawful way to remove a tenant.
What’s different in South Carolina
- A waivable rent notice. A conspicuous lease clause can eliminate the 5-day nonpayment notice, which makes SC one of the fastest eviction states.
- The 10-day window. Tenants have 10 days after service of the Rule to Vacate or Show Cause to request a hearing; without one, the writ can issue promptly.
- Treble damages on deposits, with a 30-day itemized return.
- A defined entry window. 24 hours’ notice and 8 a.m. to 8 p.m. for routine entry.
- Coastal insurance costs. Windstorm coverage is expensive near the coast, and the SC Wind and Hail Underwriting Association covers many coastal risks.
Questions landlords ask
The questions we get most, each answered in a paragraph.
Can a South Carolina landlord skip the 5-day notice for unpaid rent?
Yes, if the written lease contains a conspicuous notice that no further notice will be given when rent is late. Without that clause, you must give a 5-day written notice to pay before filing. Make the clause stand out with bold type or a separate signed line. A buried clause invites a challenge at the hearing.
How long does a South Carolina landlord have to return a security deposit?
30 days after the tenancy ends, with a written itemization of any deductions (S.C. Code Ann. § 27-40-410). Ask the tenant for a forwarding address in writing at move-out. If you willfully fail to comply, the tenant can recover three times the amount wrongfully withheld plus attorney fees, so a late refund can cost far more than the damage was worth.
How much notice does a South Carolina landlord need to enter?
24 hours' notice for routine entry, and the visit must fall between 8 a.m. and 8 p.m. (S.C. Code Ann. § 27-40-530). Emergencies are different. A text or email with the date, the time window and the reason gives you a record, if your lease allows notice that way.
How long does an eviction take in South Carolina?
Uncontested cases often take about 2-4 weeks. After the notice period, you file an Application for Ejectment in magistrate court. The tenant is served with a Rule to Vacate or Show Cause and has 10 days to request a hearing. If no hearing is requested, the magistrate can issue a Writ of Ejectment, and the tenant can be removed 24 hours after the writ is served.
Can a South Carolina landlord raise rent as much as they want?
South Carolina has no rent control, and local governments are prohibited from adopting it on private residential property (S.C. Code Ann. § 27-39-60). You can't raise rent in the middle of a fixed-term lease unless the lease allows it. For month-to-month tenants, give at least 30 days' written notice, matching the termination notice period.