South Carolina landlord and tenant rules
The figures that decide most disputes between South Carolina landlords and tenants, each with a calculator and the statute behind it.
| Rule | South Carolina | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | No statutory limit | S.C. Code § 27-40-410 | Deposit rules |
| Deposit return deadline | Itemized notice and refund within 30 days after the later of termination of the tenancy, delivery of possession, and the tenant's demand; tenant must provide a forwarding address | S.C. Code § 27-40-410 | Deposit rules |
| Interest on the deposit | Not required | S.C. Code § 27-40-410 | |
| Maximum late fee | No statutory cap | S.C. Code ch. 27-40 (no late-fee provision) | Late fee calculator |
| Landlord notice, month-to-month | 30 days | S.C. Code § 27-40-770; § 27-40-710(B) | Notice calculator |
| Tenant notice, month-to-month | 30 days | S.C. Code § 27-40-770; § 27-40-710(B) | Notice calculator |
| Rent increase notice | No statute | S.C. Code § 27-40-770; § 27-40-710(B) | Notice calculator |
| Pay-or-quit notice | 5 days | S.C. Code § 27-40-770; § 27-40-710(B) | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in South Carolina
South Carolina sets no statutory limit on the size of a security deposit. The deposit must be returned itemized notice and refund within 30 days after the later of termination of the tenancy, delivery of possession, and the tenant's demand; tenant must provide a forwarding address, with an itemised list of any deductions. No interest is owed on the deposit under state law. Wrongful withholding: treble damages plus attorney fees. Landlords of more than four adjoining units who use different deposit standards must post or disclose the standards. Full deposit rules and move-out checklist.
Late fees in South Carolina
South Carolina sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.
Notice periods in South Carolina
A South Carolina landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, the landlord must serve a 5-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Sources
Frequently asked questions
How much can a landlord charge for a security deposit in South Carolina?
There is no statutory cap in South Carolina; the market and the lease decide. Wrongful withholding: treble damages plus attorney fees. Landlords of more than four adjoining units who use different deposit standards must post or disclose the standards.
What is the maximum late fee for rent in South Carolina?
There is no statutory maximum in South Carolina. No statutory cap or grace period for residential late fees in South Carolina; the lease controls. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.
How much notice does a landlord have to give a tenant to move out in South Carolina?
30 days’ written notice for a month-to-month tenancy. At least 30 days' written notice by either party for month-to-month (7 days for week-to-week) Nonpayment: 5 days after the due date the landlord may terminate after written notice; a conspicuous lease clause ('IF YOU DO NOT PAY YOUR RENT ON TIME...') satisfies the notice requirement for the whole tenancy.
How long is a pay-or-quit notice in South Carolina?
5 days. The tenant can stop the eviction by paying the full amount within that time.
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