How to Legally Enter a Rental Property in South Carolina: Landlord Entry Rights Explained
As a landlord, there are times you’ll need to enter a tenant’s home. Whether that’s for maintenance, an emergency, or a showing, it’s crucial that you understand your rights and obligations. Falling short when it comes to your obligations can land you in court, while underestimating your rights can put you at the mercy of a tenant trying to hide something. Learn more about when you can enter a rental property and how to protect your rights as a landlord.
Looking for more personalized assistance with your landlord-tenant issue? Let’s talk. Call Crawford & von Keller at 803-790-2626 to set up a consultation now.
Legal Reasons for Entering a Rental Property
The South Carolina Residential Landlord Tenant Act covers a landlord’s rights and responsibilities. Found in the South Carolina Code of Laws Title 27 Chapter 40, Section 530 deals with access to the property. Landlords are permitted to enter rentals for the purpose of doing repairs, supplying necessary or agreed upon services, or showing the rental to legally permitted individuals.
Landlords may also enter a rental property when permitted to via court order, with a law enforcement officer for the purpose of service of process in eviction cases, or when the property has been abandoned.
Notice Requirements
The law gives specific timeframes you must honor when you enter a rental you own. There are very limited circumstances under which you can enter without consent. If there’s an emergency, including potential changes in weather that are likely to damage the property, the landlord can enter without consent. A landlord can also enter without consent between 9:00 A.M. and 6:00 P.M. to perform regularly scheduled periodic services, provided that this right is included in the lease and that the landlord announces their intent to enter. Similarly, if a tenant requests services, the landlord can enter without notice between 8:00 A.M. and 8:00 P.M. as long as they announce their intent.
Outside of these circumstances, a landlord must give a tenant at least 24 hours notice of their intent to access the property. Furthermore, even with 24 hours of notice, a landlord can only enter at reasonable times. The law does not specifically state what is considered a reasonable time.
Tenants’ Rights and Obligations
The same section of South Carolina’s laws that outline a landlord’s obligations also cover what a tenant’s obligations are. Section 27-40-530(a) states that a tenant cannot unreasonably deny a landlord consent to enter the property for the purposes of inspecting it, making necessary repairs, supplying services, or exhibiting the unit.
In general, tenants have substantial rights under South Carolina law. The law explicitly states that the landlord has no other right of entry other than that which is outlined in state law. The other access limitation placed on tenants is that they cannot change the locks without a landlord’s permission.
What Happens If a Landlord Enters Illegally?
Section 27-40-780 specifies the remedies renters have if there is abuse of access. If a landlord enters illegally, uses lawful entry unreasonably, or uses demands for entry to harass the tenant, the tenant can seek relief in circuit court or magistrates’ court. They may seek to stop the landlord’s conduct or terminate the lease, in addition to recovering damages and legal fees.
Protect Yourself Against Claims of Unlawful Entry—Call Crawford & von Keller
Having the right landlord-tenant attorney advocating for you can help limit your stress and abide by South Carolina tenants’ rights laws. Discuss your case with us now by calling us at 803-790-2626 or reaching out online.
Member AttorneyAttorney Profiles