The SC Landlord Tenant Act appears in the South Carolina Code of Laws under Title 27 Property and Conveyances, specifically Chapter 40. If you are renting a residence in Charleston, you should know the following;
Top 3 Things Pertinent to Tenants in the SC Landlord Tenant Act
1. If monthly rent is not paid within 5 days of the due date, you can be evicted.
This is called Actual Eviction and most likely your lease specifies this condition. It also mentions how no further written notice will be given which basically means if you don’t pay rent within the allotted time, the landlord is allowed to begin evicting you without giving further notice. If the eviction is successful, it will be recorded and when applying in the future, landlords will be able to see that you were evicted in the past.
If you hope to find quality living spaces, you definitely DON’T want an eviction on your record. Most landlords will never rent to you.
2.If a landlord withholds your security deposit fraudulently, they could be liable to reimburse you 3 times the amount withheld plus legal fees
Once you move out, a landlord must return your deposit within 30 days however they are permitted to deduct adequate funds to cover damages and/or expenses. A written report must accompany the amount returned specifying what was withheld and why. If you feel the landlord is trying to to rip you off, you can file a legal motion and if you win, you can be awarded up to 3X the amount withheld plus your legal costs.
Of course nobody likes a legal battle and most of the time conflicts can be averted. As the time approaches for you to leave, meet with your landlord and walk through the home. Ask your landlord specifically what if anything will you be liable for. In reality, it may be hard to know if there are damages until you have left and things have been thoroughly check out. However, being proactive and transparent tends to build good trust and show a good faith demonstration of accountability.
Many years ago learned that it is best to give as much of the security deposit back and not quibble over petty things. At the same time, I have withheld significant portions of the deposit when repair work was required. But I much prefer giving it all back and making a clean break especially with tenants who have been good at paying rent on time and taking care of the place.
3.A landlord is required to give you 24 hours notice before entering the dwelling for reasons of repairs or inspections. No notice is required in emergencies.
Most landlords trying to work with tenants to find convenient times to enter that are not disruptive to tenants. Acceptable times of entry are from 9 am until 6 pm however if you the tenant requests some kind of service, the landlord or contractor may enter between 8 am and 8 pm. In perceived emergencies, landlords may enter anytime.
Honestly, I can’t think of a more boring document than the SC Landlord Tenant Act but if you run into issues with your landlord, being informed goes a long way, y’all!