What types of renters are covered by legislation governing residential tenancies in South Carolina?
The South Carolina Residential Landlord-Tenant Act protects house, apartment and room renters and their landlords. Tenants in government assistance housing have additional protection under other State laws.
What types of rental accommodations are NOT covered by this legislation?
The Act does not apply to:
(a) hospitals, group homes, schools or other institutions;
(b) employees of a landlord who receive housing for their work and live on the worksite;
(c) tenants owning or partly owning the rental premises;
(d) accommodation in a motel or hotel where the landlord pays special tax on the room.
Is it necessary to have a written lease or rental agreement?
The agreement can be written or verbal. A written agreement is considered a lease. Written agreements are preferred as they clearly set out the rights and responsibilities of the parties.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord can charge a security deposit to protect against the tenant not paying rent, or damaging the rental unit. At the end of the tenancy, the tenant must request the return of the deposit and provide the landlord with a new address in writing. The landlord must return the deposit within 30 days after the end of the tenancy or from receipt of the tenant's written request, whichever is later. If the landlord is deducting any portion of the deposit, he/she must provide a written itemized statement of the deductions.
When is the landlord allowed to increase the rent?
There is no rent control in South Carolina except in housing where the rent is based on a tenant's income. A written lease will often set out the notice period for a rental increase, generally one rental period, or 1 month for a monthly tenancy, and 1 week for a weekly tenancy.
How can a lease be terminated?
If the parties have a written lease, either the expiration date or the amount of notice required should be in the lease. If the rental agreement is verbal, either party may terminate the agreement by giving 30 days written notice (if the agreement is month-to-month), or 7 days written notice (if the agreement is week-to-week).
When is the landlord permitted to enter the premises?
Except for emergencies, a landlord must give 24 hours notice and get the tenant's consent before entering the premises for such purposes as inspecting, making repairs, or showing the property to prospective purchasers or tenants. In an emergency, no notice or consent is required.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for a number of reasons, including: (i) non-payment of rent, (ii) failure to comply with the terms of the rental agreement or the provisions of the Act, (iii) behavior which may endanger the health or safety of other residents, or result in damage to the property, (iv) criminal or drug related activities on the premises.
The landlord must first give the tenant proper notice. If the tenant fails to cure the problem within the allotted time period, the landlord may commence an eviction action in court.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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