South Carolina’s Renters’ Rights Under Real Estate Law

Renting a home or apartment in South Carolina comes with a set of rights and responsibilities for tenants. Understanding these rights can help renters navigate their leasing agreements and protect themselves from unfair practices. Under South Carolina’s real estate law, tenants are entitled to certain protections that aim to create a fair rental environment.

1. Right to a Habitable Living Space
In South Carolina, landlords are required to provide a rental property that is safe and habitable. This means that the unit must meet minimum health and safety standards, which include functioning plumbing, heating, and electrical systems. If a landlord fails to maintain the property, tenants have the right to request repairs.

2. Security Deposits
Security deposits are commonly used in rental agreements. South Carolina law limits the amount a landlord can charge as a security deposit to one month’s rent. After a tenant vacates, landlords must return the security deposit within 30 days, along with an itemized list of any deductions for damages beyond normal wear and tear.

3. Right to Privacy
Tenants in South Carolina have the right to privacy in their rental homes. Landlords must provide reasonable notice—typically 24 hours—before entering the property unless there is an emergency. This ensures that tenants have the right to enjoy their living space without unexpected intrusions.

4. Protection Against Retaliation
South Carolina law protects tenants from retaliation by landlords. If a tenant exercises their legal rights, such as reporting health and safety violations or organizing a tenants’ association, they cannot be evicted or harassed by the landlord as a result of these actions.

5. Eviction Procedures
Should a landlord pursue eviction, they must follow the legal process, which includes providing written notice to the tenant. South Carolina law requires the landlord to file an eviction action in court, where both parties can present their case. Tenants have the right to contest the eviction, ensuring they receive a fair hearing.

6. Discrimination Protections
The Fair Housing Act protects renters from discrimination based on race, color, national origin, religion, sex, familial status, or disability. Landlords are prohibited from treating tenants differently based on these characteristics when it comes to rental practices.

7. Lease Agreements
Every tenant should read and understand their lease agreement before signing. The lease should clearly outline all terms, including rent amount, due dates, and responsibilities for maintenance and repairs. Any changes to the lease must be agreed upon by both parties and preferably documented in writing.

Conclusion
Being informed about renters’ rights is crucial for anyone living in rental housing in South Carolina. Tenants have the power to advocate for themselves and seek legal recourse if their rights are violated. Understanding these basic rights under South Carolina’s real estate law can help renters ensure that their living conditions meet legal standards and protect them from unjust practices.