What a Landlord Cannot Do in South Carolina by Law

From Charleston’s historic charm to Greenville’s business boom, South Carolina draws in thousands of renters each year and with that, plenty of property owners. If you’re managing or living in a rental unit, it’s important to understand the rules that shape the landlord-tenant relationship.

These rules are laid out in the South Carolina Residential Landlord and Tenant Act, which sets clear expectations for both parties. While landlords in South Carolina hold certain rights, there are strict legal lines they’re not allowed to cross especially when it comes to your privacy, safety, and access to essential services.

Crossing those lines can result in steep penalties, from court orders to criminal charges.

So, what exactly is a landlord not allowed to do under South Carolina rental laws? You might be surprised by how many actions are prohibited.

South Carolina Landlord-Tenant Law

Whether you’re renting out property or signing a lease, every rental relationship in South Carolina is governed by a clear legal structure. At the center of it all is the South Carolina Residential Landlord and Tenant Act, which lays out the ground rules for how landlords and tenants must operate throughout a rental agreement.

This law doesn’t just outline responsibilities, it also sets firm boundaries. Landlords cannot use their own rules to override state protections. For example, even if a clause in your lease agreement tries to shift responsibility for serious repairs to the tenant, it won’t hold up if it violates South Carolina rental laws affecting health and safety.

The act also ensures key rights are preserved, like the tenant’s right to a livable home, basic privacy, and fair treatment under anti-discrimination protections. It defines what a landlord is allowed to do and, just as importantly, what they are not.

These legal standards apply whether you’re renting a small unit in Columbia or managing multiple properties in Charleston.

While the act supports both the landlord and both the tenant, it draws a hard line when those rights are ignored. Knowing where that line is and what happens when it’s crossed, is essential for avoiding landlord tenant disputes.

Things might seem straightforward until they’re not. Here’s where South Carolina draws the line on what landlords can and can’t do.

1. A Landlord Cannot Evict an Active Duty Service Member

Military service often comes with uncertainty, frequent relocations, long deployments, and unpredictable schedules. That’s why federal law provides added housing protections for those serving on active duty.

The Servicemembers Civil Relief Act (SCRA) makes it illegal for a landlord to evict an active-duty service member or their dependents from a rental unit due to unpaid rent without obtaining a court order. This isn’t just a formality.

Before taking any action, the landlord must inform the court of the tenant’s military status, and the court must then decide whether eviction is legally justified.

If military service has affected the tenant’s ability to pay rent, the court may delay the eviction by 90 days or more. In some cases, it may even adjust the lease obligations, such as postponing rent payment or reducing the amount owed under the rental agreement.

These protections are taken seriously. Violating the SCRA doesn’t just risk civil liability, it can trigger federal penalties. For South Carolina landlords, understanding and respecting these rules isn’t optional.

2. A Landlord Must Not Enter the Property Without Proper Notice or Violate Tenant Privacy

Few things feel more intrusive than someone unlocking your front door without warning. As a tenant in South Carolina, you’re not just renting a roof; you’re entitled to privacy within your home.

Under South Carolina landlord-tenant laws, a landlord cannot enter a rental unit at will. Unless there’s an emergency, such as a burst pipe or fire, state law requires landlords to give at least 24 hours’ written notice before stepping foot inside.

Even then, they must limit entry to reasonable hours, typically between 8 a.m. and 8 p.m.

There are legitimate reasons a South Carolina landlord may need access: scheduled repairs, maintenance requests, property inspections, or showing the rental property to prospective tenants or prospective buyers. But none of these situations removes the responsibility to notify the tenant first.

The only exceptions are true emergencies, if the tenant has requested service, or in cases of rental agreement abandonment, though even then, certain legal steps must be followed.

Crossing that line without notice or reason can lead to more than just tension. Unlawful entry may be seen as harassment or an invasion of privacy, opening the door to legal claims under South Carolina rental laws. For landlords, that means potential liability. For tenants, it’s a reminder that privacy inside your rented premises isn’t optional; it’s protected.

3. A Landlord Cannot Use Self-Help or Other Illegal Eviction Methods

Under South Carolina rental laws, there’s only one way to remove a tenant from a rental unit, and it involves the court, not the landlord acting alone. Skipping the formal process in favor of shortcuts isn’t just frowned upon, it’s against the law.

So-called self-help evictions include cutting off utilities, changing locks, removing personal belongings, or using threats to push a tenant out. Even when rent payment is overdue or a lease violation occurs, these tactics are prohibited by the South Carolina Landlord-Tenant Act.

Instead, the landlord must start by delivering written notice, then file the appropriate paperwork in magistrate court. If the court approves the request, only law enforcement can carry out the actual removal through a writ of ejection. At no point can a landlord bypass this system or force someone out on their own.

Violations don’t just go away quietly. Affected tenants can sue for damages, report the incident, or even pursue criminal charges.

For landlords in South Carolina, following proper legal steps is the only path forward, anything else can lead to serious consequences under both South Carolina law and federal protections.

4. A Landlord Is Required to Maintain Safe and Habitable Living Conditions

Leaky ceilings, broken heaters, or flickering power aren’t just annoyances; they could be signs your landlord isn’t meeting their basic responsibilities. In South Carolina, renting a space means the landlord has a legal duty to keep that property safe and livable.

The law requires South Carolina landlords to stay compliant with building and housing codes tied directly to health and safety. That includes maintaining working plumbing, reliable heat and electrical systems, proper pest control, and ensuring shared spaces like hallways or staircases aren’t left in disrepair.

If any of these things fall apart, the landlord is expected to act and fast.

If something poses an immediate risk, such as a gas leak or major water damage, the landlord is expected to begin repairs within 24 hours of being told. These are considered urgent and tied to your right to a habitable home under South Carolina landlord-tenant law.

Now, if the landlord ignores the problem or stalls without good reason, you’re not powerless.

When a landlord fails to take care of serious issues, tenants may be able to pay for the repairs themselves and subtract the cost from their rent payment. But before doing that, it’s important to send a written notice, give them a reasonable window to respond, and keep clear documentation of everything from texts to receipts.

Ignoring unsafe conditions doesn’t just breach the lease agreement. It can spiral into legal trouble, lead to disputes, and may even allow a tenant to terminate the rental agreement entirely. Safe living conditions aren’t just good practice; they’re the law. And no clause in a lease can erase that.

5. A Landlord Must Not Discriminate Against Tenants

Not every rental denial is about credit scores or income. Sometimes, it’s something more troubling and illegal. That’s exactly why fair housing laws exist.

Under the Federal Fair Housing Act and the South Carolina Fair Housing Law, it is unlawful for any landlord to deny housing or change lease terms because of someone’s race, religion, national origin, sex, disability, or family status.

These protections apply to every step of the rental process from the moment someone inquires about a property to the day they move out.

Discrimination can show up in different forms. A landlord might falsely claim a rental unit is unavailable, charge a higher deposit to families with children, or make a biased remark in a property listing. Even requiring stricter conditions for one tenant over another, without a valid reason, violates South Carolina rental laws. For instance, running criminal background checks is legal, but using them to single out applicants from protected groups is not.

Tenants who believe they’ve been treated unfairly have the right to take action. They may file a complaint with the South Carolina Human Affairs Commission or reach out to the U.S. Department of Housing and Urban Development.

These agencies will review the situation, investigate the claim, and if necessary, pursue civil litigation against the landlord.

Housing is a right protected by both state and federal law. And in South Carolina, when a landlord crosses the line into housing discrimination, the consequences don’t just stay on paper; they can play out in court.

6. A Landlord Cannot Make Arbitrary Changes to Lease Terms

You agree to rent a place at a set rate, with clear rules, for a specific period, only to find your landlord suddenly wants to raise the rent or impose new restrictions. It might feel unfair, and in most cases, under South Carolina rental laws, it is.

A signed lease agreement is a legally binding document. Once both parties agree to the terms, those terms can’t be altered just because one side changes their mind. Landlords in South Carolina cannot decide halfway through the lease term to increase rent, add new fees, or enforce extra rules unless the lease itself allows for such changes and the tenant agrees in writing.

For example, if a landlord suddenly imposes a no-pets rule in the middle of a year-long lease, without your consent, that’s not enforceable. The only exceptions are month-to-month leases, where changes are possible, but even then, the landlord must give at least 30 days’ written notice before the new terms can take effect.

Tenants have the right to challenge unauthorized changes, especially if they weren’t discussed or properly documented.

If a landlord forces changes without consent or skips the required notice period, the tenant may be able to contest those changes in court and may even have grounds to terminate the rental agreement early if the breach is serious enough.

Lease terms aren’t suggestions. They’re commitments, and under South Carolina landlord-tenant law, both parties are expected to honor them.

7. A Landlord Must Respect the Tenant’s Right to Quiet Enjoyment

Every tenant in South Carolina is entitled to live without unnecessary interference from their landlord. This right, known legally as quiet enjoyment, guarantees that your use of the rental unit won’t be disrupted by ongoing noise, uninvited visits, or harassment.

Quiet enjoyment means you have the right to live in your rental unit without unnecessary interference, repeated disruptions, or landlord harassment. This protection goes beyond privacy, it ensures that your daily life in the property isn’t disturbed by constant noise, unwanted visits, or behavior that crosses the line.

Let’s say your landlord shows up unannounced several times a week, or schedules construction at odd hours that leave you unable to work, sleep, or relax. Those are violations. So, is excessive noise caused directly by the landlord or failure to control disruptive behavior in shared spaces of a rental property?

When South Carolina landlords ignore this right, tenants aren’t expected to simply put up with it. Breaching quiet enjoyment can give tenants the legal grounds to seek financial compensation, or even break the lease without penalty if the disturbances become too severe.

This isn’t just about courtesy, it’s about legal protection built into South Carolina landlord-tenant law.

Whether it’s a long-term lease or a month to month lease, tenants have the right to enjoy their home without disruption. And landlords are expected to respect that, fully.

8. A Landlord Is Required to Respond to Reasonable Repair Requests

Some issues in a rental home are more than just an inconvenience, they could impact your safety or make the space unfit to live in. That’s why South Carolina rental laws hold landlords responsible for responding to repair requests within a reasonable amount of time, especially when health or habitability is involved.

If there’s a serious issue like a broken heater in the middle of winter or a plumbing problem that causes flooding, landlords are expected to begin repairs within 24 hours of receiving notice. For non-emergency issues that still affect health and safety, repairs should be underway within 14 days.

Minor problems like a faulty cabinet hinge or peeling paint, should still be addressed, but the timeline can be slightly longer, typically no more than 30 days.

To protect your rights, any repair request should be submitted in writing. Whether it’s an email or a signed letter, written communication helps create a clear record in case the landlord fails to follow through.

If a landlord ignores a legitimate repair request, tenants do have options. In certain situations, you may be allowed to arrange the repairs yourself and subtract the cost from your rent payment. You might also be able to file a complaint with the local code enforcement office or explore legal remedies if the problem continues. But again, documentation is critical, keep copies of every message, repair quote, and receipt.

Under the South Carolina landlord-tenant act, it’s not enough for a property to be rented, it must also be maintained. And when things break, landlords are expected to act, not delay.

9. A Landlord Must Not Retaliate Against Tenants for Exercising Their Rights

When tenants speak up, whether it’s about unsafe conditions, a lack of repairs, or unlawful treatment, they’re protected by law. In South Carolina, landlords cannot respond to those actions with punishment disguised as rent hikes, service cuts, or surprise evictions.

Landlords are prohibited from retaliating against tenants who take lawful action. If you report code violations, file a complaint about poor living conditions, or participate in a tenant organization, your landlord cannot respond by raising the rent, cutting off essential services, or attempting to evict tenants without legal cause.

For example, if you request a necessary repair and suddenly receive a notice that your rent payment is increasing or your parking space is being revoked, that’s more than just bad behavior, it could be considered retaliation.

Other red flags include threats of eviction after joining a tenants’ rights group or a landlord intentionally delaying maintenance in response to a formal complaint.

If a tenant can prove retaliation, they may be eligible for compensation that includes actual damages, reasonable attorney’s fees, and possibly an order from the court requiring the landlord to stop the retaliatory behavior.

Tenants in South Carolina are legally protected when they speak up. And when landlords try to punish them for it, the law has tools to push back.

10. A Landlord Is Required to Provide All Mandatory Disclosures

Not every risk in a rental property is visible and the law expects landlords to be upfront about that. Before a tenant signs a lease agreement, certain disclosures must be made, and skipping them isn’t just an oversight. It can lead to legal trouble.

Under both federal and South Carolina rental laws, landlords are required to share specific information with prospective tenants.

If the property was built before 1978, they must disclose the presence of any known lead-based paint hazards. They also need to provide the name and contact information of the person or company authorized to act on their behalf, especially when the landlord rents through a property manager or management firm.

Depending on where the rental unit is located, local rules may require additional disclosures, anything from flood risk to recent code violations. These aren’t optional. Failing to provide them can lead to penalties, landlord tenant disputes, and even claims in court.

Disclosures are part of a fair and legal rental process. They help tenants make informed decisions and hold South Carolina landlords accountable for transparency from day one.

Conclusion

From required repairs to privacy rights and protection against retaliation, South Carolina landlord-tenant laws draw clear lines that landlords cannot cross. These rules are designed to ensure that rental properties remain safe, fair, and legally compliant for everyone involved.

If you’re renting in South Carolina, knowing where those boundaries are isn’t just helpful, it’s essential. Whether you’re dealing with unpaid rent, sudden lease changes, or privacy violations, the law is on your side.

And if you’re a landlord, following the law isn’t just about avoiding fines, it’s about maintaining a legal and professional relationship with your tenants. When military tenants are involved, that also means verifying active duty status to comply with the Servicemembers Civil Relief Act (SCRA).

Use SCRACVS to perform fast, secure military status checks and ensure you’re meeting your legal obligations from the start.

FAQs

What should I do if my landlord tries to evict me without going to court?

Under South Carolina landlord-tenant law, evictions must follow a legal process. If your landlord attempts to remove you without written notice, a court order, or a formal eviction process, it’s considered a self-help eviction, which is illegal. Do not vacate the rental unit under pressure. Document everything, avoid confrontation, and contact the local magistrate or a legal aid office. If you’re an active-duty service member, protections under the SCRA may also apply.

Is it legal for a landlord to shut off utilities to force a tenant out?

No, it’s not. A South Carolina landlord cannot shut off water, electricity, or gas to force a tenant to leave. Doing so violates South Carolina rental laws and can be considered harassment or an unlawful eviction tactic. Even if there’s overdue rent, the landlord must go through the proper court process. Cutting off essential services can lead to legal penalties and damages. Tenants should submit a written notice and report violations to local authorities if needed.

What falls under the lines of harassment?

In South Carolina, harassment by a landlord may include repeated unannounced visits, threats, tampering with the rental property, or interfering with the tenant’s legal rights. Violating the tenant’s right to quiet enjoyment, shutting off utilities, or retaliating after complaints are also red flags. These actions can lead to legal claims under the South Carolina Landlord-Tenant Act. If you’re experiencing any of these issues, document all incidents and seek legal advice or file a complaint.

What repairs is my landlord required to make, and how quickly?

South Carolina rental laws require landlords to maintain habitable conditions in the rented premises. This includes fixing plumbing, electrical systems, reasonable heat, and any safety hazards. For emergency issues that impact health and safety, repairs should begin within 24 hours of written notice. For other problems, landlords typically have up to 14 days to start work. If a landlord fails to respond in a reasonable timeframe, tenants may have the right to repair and deduct or file a complaint.

Can a landlord change the terms of my lease before it ends?

Not without your consent. A South Carolina lease agreement is binding for the entire lease term unless both the landlord and tenant agree in writing to a change. South Carolina landlords cannot unilaterally raise rent, add restrictions, or modify key parts of the rental agreement during an active lease. For a month to month lease, changes are allowed with at least 30 days’ written notice. Sudden changes without notice or a legal basis can be challenged under South Carolina rental laws.