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SC · State landlord-law profile

South Carolina landlord-tenant rules

10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
5 official sources linked
Reviewed October 26, 2026
At a glance
Security deposit size: No statewide statutory cap on the amount of a security deposit. § 27-40-410 governs return and (for landlords with multiple units using different deposit standards) disclosure of the deposit-calculation standard, but sets no maximum. (S.C. Code § 27-40-410, confirmed 2026-10). Returning the deposit: Within 30 days after the later of termination of the tenancy, delivery of possession, or demand by the tenant, return the deposit less itemized deductions for accrued rent and damages, with a written itemized notice. Failure to return the deposit with the required notice exposes the landlord to three times the amount wrongfully withheld plus reasonable attorney's fees. (S.C. Code § 27-40-410(a)-(b), confirmed 2026-10).
No statewide cap
Source-confirmed 2026-10
30 days after move-out
Source-confirmed 2026-10
Permitted
Source-confirmed 2026-10
No statewide cap (reasonableness standard)
Source-confirmed 2026-10
No statewide cap
Source-confirmed 2026-10
No statewide rent regulation (check local ordinances)
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
5 days
Source-confirmed 2026-10
24 hours
Source-confirmed 2026-10

How South Carolina treats the landlord's core obligations

Late fees: No statewide statutory cap on late fees and no mandatory grace period. The Act defines 'rent' to include late charges, so a late charge agreed in the lease is collectible as rent; the 5-day nonpayment window in § 27-40-710(B) governs eviction notice, not late fees. (S.C. Code § 27-40-210(11), confirmed 2026-10). Application fees: No statewide cap on rental application fees; the Residential Landlord and Tenant Act does not regulate application fees. (S.C. Code Title 27, Ch. 40, confirmed 2026-10).
Nonpayment notice: If rent is unpaid and the tenant fails to pay within 5 days from the due date, the landlord may terminate, provided the tenant was given written notice of nonpayment and intent to terminate if not paid within that period. The notice requirement is satisfied once for the tenancy by a conspicuous statutory-form clause in the rental agreement ('IF YOU DO NOT PAY YOUR RENT ON TIME...'), after which no further notice is required. (S.C. Code § 27-40-710(B), confirmed 2026-10). Rent increases: No statewide rent-increase notice statute. In practice a landlord changes rent on a month-to-month tenancy by giving the 30-day written notice that § 27-40-770 requires to terminate (or re-offer) the tenancy; § 27-40-910 bars retaliatory increases above fair-market value. (S.C. Code §§ 27-40-770, 27-40-910, confirmed 2026-10). Ending a month-to-month tenancy: Either party may terminate a month-to-month tenancy by written notice given at least 30 days before the termination date specified in the notice. Week-to-week: 7 days. (S.C. Code § 27-40-770(b), confirmed 2026-10). Entry: At least 24 hours' notice of intent to enter, and entry only at reasonable times, except: emergencies; regularly scheduled periodic services between 9 a.m. and 6 p.m. if the right is conspicuously set out in the rental agreement and the landlord announces entry; and tenant-requested services between 8 a.m. and 8 p.m. with announcement. (S.C. Code § 27-40-530(b)-(c), confirmed 2026-10).
South Carolina has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.

Security deposits

What South Carolina allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.

Security deposit limit

Source-confirmed 2026-10
No statewide statutory cap on the amount of a security deposit. § 27-40-410 governs return and (for landlords with multiple units using different deposit standards) disclosure of the deposit-calculation standard, but sets no maximum.
S.C. Code § 27-40-410. Read at South Carolina Code of Laws Title 27 ch. 40, SC Legislature (official) in October 2026.
“Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510.”
Excerpt from the cited source as read on the date shown.
Chapter read for any deposit-amount or application-fee cap; none found.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.

Deposit return deadline

Source-confirmed 2026-10
Within 30 days after the later of termination of the tenancy, delivery of possession, or demand by the tenant, return the deposit less itemized deductions for accrued rent and damages, with a written itemized notice. Failure to return the deposit with the required notice exposes the landlord to three times the amount wrongfully withheld plus reasonable attorney's fees.
S.C. Code § 27-40-410(a)-(b). Read at South Carolina Code of Laws Title 27 ch. 40, SC Legislature (official) in October 2026.
“within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.

Separate pet deposit

Source-confirmed 2026-10
No statewide cap on security deposits and no statute addressing pet deposits; § 27-40-410 neither authorizes nor prohibits a separate pet deposit, so one may be charged by agreement. Any pet deposit is 'property or money held by the landlord as security' and must be returned or itemized within 30 days under § 27-40-410(a).
S.C. Code § 27-40-410(a) (no pet provision; no deposit cap). Read at S.C. Code of Laws Title 27 ch. 40, South Carolina Legislature (official) in October 2026.
“Upon termination of the tenancy, property or money held by the landlord as security must be returned”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.

Rent, late fees and application fees

The fees a South Carolina lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.

Late fees

Source-confirmed 2026-10
No statewide statutory cap on late fees and no mandatory grace period. The Act defines 'rent' to include late charges, so a late charge agreed in the lease is collectible as rent; the 5-day nonpayment window in § 27-40-710(B) governs eviction notice, not late fees.
S.C. Code § 27-40-210(11). Read at South Carolina Code of Laws Title 27 ch. 40, SC Legislature (official) in October 2026.
“"rent" means the consideration payable for use of the premises including late charges whether payable in lump sum or periodic payments, excluding security deposits or other charges;”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.

Application fee limit

Source-confirmed 2026-10
No statewide cap on rental application fees; the Residential Landlord and Tenant Act does not regulate application fees.
S.C. Code Title 27, Ch. 40. Read at South Carolina Legislature, Code of Laws Title 27 Ch. 40 (official) in October 2026.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.

Statewide rent regulation

Source-confirmed 2026-10
(b) Statewide preemption: no county or municipality may regulate in any way the amount of rent charged for privately owned single-family, multi-unit residential, or commercial rental property (S.C. Code § 27-39-60); exceptions for property owned by the county/municipality and for agreements with private persons. No statewide rent-increase cap.
S.C. Code § 27-39-60. Read at S.C. Code of Laws Title 27 ch. 39, South Carolina Legislature (official) in October 2026.
“No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single family, or multiple unit residential, or commercial rental property.”
Excerpt from the cited source as read on the date shown.
Section heading: 'Counties and municipal corporations restricted from regulating rent charged for certain dwellings.' Originated as 1985-86 H.2545 (Act 184).
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.

Notices, rent increases and termination

How much written notice South Carolina requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.

Rent-increase notice

Source-confirmed 2026-10
No statewide rent-increase notice statute. In practice a landlord changes rent on a month-to-month tenancy by giving the 30-day written notice that § 27-40-770 requires to terminate (or re-offer) the tenancy; § 27-40-910 bars retaliatory increases above fair-market value.
S.C. Code §§ 27-40-770, 27-40-910. Read at South Carolina Legislature, Code of Laws Title 27 Ch. 40 (official) in October 2026.
Absence finding: the full Residential Landlord and Tenant Act (Title 27, Ch. 40) was read and contains no rent-increase notice period.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.

Month-to-month termination notice

Source-confirmed 2026-10
Either party may terminate a month-to-month tenancy by written notice given at least 30 days before the termination date specified in the notice. Week-to-week: 7 days.
S.C. Code § 27-40-770(b). Read at South Carolina Code of Laws Title 27 ch. 40, SC Legislature (official) in October 2026.
“The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.

Pay-or-quit notice

Source-confirmed 2026-10
If rent is unpaid and the tenant fails to pay within 5 days from the due date, the landlord may terminate, provided the tenant was given written notice of nonpayment and intent to terminate if not paid within that period. The notice requirement is satisfied once for the tenancy by a conspicuous statutory-form clause in the rental agreement ('IF YOU DO NOT PAY YOUR RENT ON TIME...'), after which no further notice is required.
S.C. Code § 27-40-710(B). Read at South Carolina Code of Laws Title 27 ch. 40, SC Legislature (official) in October 2026.
“If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “5 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.

Landlord entry

When a South Carolina landlord may enter an occupied unit and how much notice the tenant must receive.

Non-emergency entry notice

Source-confirmed 2026-10
At least 24 hours' notice of intent to enter, and entry only at reasonable times, except: emergencies; regularly scheduled periodic services between 9 a.m. and 6 p.m. if the right is conspicuously set out in the rental agreement and the landlord announces entry; and tenant-requested services between 8 a.m. and 8 p.m. with announcement.
S.C. Code § 27-40-530(b)-(c). Read at South Carolina Code of Laws Title 27 ch. 40, SC Legislature (official) in October 2026.
“Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.

Payments, fair housing and licensing

Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.

South Carolina next to its neighbors

Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
RuleSouth CarolinaGeorgiaNorth Carolina
Security deposit limitNo statewide capNo statewide cap2× monthly rent
Deposit return deadline30 days after move-out30 days after move-out30 days after move-out
Late feesNo statewide cap (reasonableness standard)No statewide cap (reasonableness standard)Capped at 5% of monthly rent or $15; 5 days grace
Rent-increase notice30 days60 days30 days
Non-emergency entry notice24 hoursReasonable noticeReasonable notice
Pay-or-quit notice5 daysNo statewide minimum10 days
Source-of-income protectionNo statewide protection on fileNo statewide protection on fileNo statewide protection on file
Card surcharges on rentAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limits

Lease disclosures on file

Federal and state disclosures Aptoria's lease workflow surfaces for South Carolina. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"

Official sources

Primary sources a South Carolina landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
Browse landlord-law topics across all states

Questions South Carolina landlords ask

How much can a landlord charge for a security deposit in South Carolina?

No statewide statutory cap on the amount of a security deposit. § 27-40-410 governs return and (for landlords with multiple units using different deposit standards) disclosure of the deposit-calculation standard, but sets no maximum. (S.C. Code § 27-40-410, confirmed 2026-10).

How long does a South Carolina landlord have to return the security deposit?

Within 30 days after the later of termination of the tenancy, delivery of possession, or demand by the tenant, return the deposit less itemized deductions for accrued rent and damages, with a written itemized notice. Failure to return the deposit with the required notice exposes the landlord to three times the amount wrongfully withheld plus reasonable attorney's fees. (S.C. Code § 27-40-410(a)-(b), confirmed 2026-10).

What is the maximum late fee in South Carolina?

No statewide statutory cap on late fees and no mandatory grace period. The Act defines 'rent' to include late charges, so a late charge agreed in the lease is collectible as rent; the 5-day nonpayment window in § 27-40-710(B) governs eviction notice, not late fees. (S.C. Code § 27-40-210(11), confirmed 2026-10).

How many days does a South Carolina pay-or-quit notice give the tenant?

If rent is unpaid and the tenant fails to pay within 5 days from the due date, the landlord may terminate, provided the tenant was given written notice of nonpayment and intent to terminate if not paid within that period. The notice requirement is satisfied once for the tenancy by a conspicuous statutory-form clause in the rental agreement ('IF YOU DO NOT PAY YOUR RENT ON TIME...'), after which no further notice is required. (S.C. Code § 27-40-710(B), confirmed 2026-10).

How much notice must a South Carolina landlord give before entering?

At least 24 hours' notice of intent to enter, and entry only at reasonable times, except: emergencies; regularly scheduled periodic services between 9 a.m. and 6 p.m. if the right is conspicuously set out in the rental agreement and the landlord announces entry; and tenant-requested services between 8 a.m. and 8 p.m. with announcement. (S.C. Code § 27-40-530(b)-(c), confirmed 2026-10).

How much notice is required to raise rent in South Carolina?

No statewide rent-increase notice statute. In practice a landlord changes rent on a month-to-month tenancy by giving the 30-day written notice that § 27-40-770 requires to terminate (or re-offer) the tenancy; § 27-40-910 bars retaliatory increases above fair-market value. (S.C. Code §§ 27-40-770, 27-40-910, confirmed 2026-10).

How much notice is required to end a month-to-month tenancy in South Carolina?

Either party may terminate a month-to-month tenancy by written notice given at least 30 days before the termination date specified in the notice. Week-to-week: 7 days. (S.C. Code § 27-40-770(b), confirmed 2026-10).

Does South Carolina have statewide rent control?

No statewide rent regulation is on file for South Carolina. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.

Is source of income a protected class in South Carolina?

No statewide source-of-income protection is on file for South Carolina, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.

Can a South Carolina landlord add a surcharge for paying rent by card?

Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.

How this page was verified

Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 5 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.