Landlord Minimum Requirements Under the South Carolina Landlord–Tenant Act
As a landlord in South Carolina, it is crucial to understand your legal obligations under the South Carolina Landlord–Tenant Act. This Act sets out the minimum requirements for landlords and helps prevent disputes with tenants. The experienced landlord-tenant dispute attorneys at Crawford & von Keller, LLC have put this guide together to help landlords understand their legal duties and how to handle any possible disputes.
This guide is for information only. It is not a complete listing of all requirements and does not constitute legal advice. If you have questions, contact us.
Health and Safety Requirements
The South Carolina Landlord–Tenant Act mandates that landlords comply with all housing and building codes significantly affecting tenants’ health and safety. As such, landlords must:
- Carry out reasonably necessary repairs to maintain the rented house or apartment in a condition fit to inhabit.
- Keep hallways, stairwells, and other common areas in a reasonably safe condition.
- Keep common areas reasonably clean if the rented building contains more than four living units.
Utility Requirements
The statute outlines several basic responsibilities the landlord must meet regarding utilities and appliances within the dwelling space, including:
- Providing running water
- Providing reasonable amounts of hot water and heat unless the tenant has exclusive control over water heaters, boilers, or other appliances within the house or apartment designed for those purposes
- Maintaining the functionality and safety of any facility or equipment providing electricity, gas, plumbing, sanitation, heating, ventilation, and air conditioning
- Allowing the tenant to use appliances present in the dwelling unit unless the lease expressly excludes them from doing so
Entry Requirements
The landlord has the right to enter the rental unit. However, you must generally seek the tenant’s consent except in an emergency, such as an extreme weather event that will likely pose a danger to the property.
For regularly scheduled occasional services described in the lease, you do not need the tenant’s consent but must give a minimum of 24 hours’ notice and only enter between 9 a.m. and 6 p.m.
If you or your agent must enter the property to provide services the tenant has requested, you may only enter between 8 a.m. and 8 p.m.
Security Deposit Requirements
Should you deduct money from the tenant’s security deposit due to damages at the end of the lease, you must itemize these deductions and mail the itemization to the address the tenant has provided.
Eviction Requirements
One of the most common questions landlords ask our attorneys is when they have the right to evict a tenant. Evictions can be challenging, and seeking the advice of a qualified landlord-tenant dispute lawyer can help you resolve your situation swiftly and effectively.
According to the SC Landlord-Tenant Act, for a periodic tenancy, you must give the tenant a specific amount of notice before you evict them:
- If the tenant pays weekly rent, you must provide at least seven days written notice
- In all other cases of a periodic tenancy, you must provide at least thirty days written notice
Whether the lease is a periodic tenancy or has a specific term, the tenant can be evicted when:
- They fail to pay rent on time
- The lease term has ended
- They violate the terms or conditions of the lease
Navigating Landlord-Tenant Disputes with Crawford & von Keller, LLC
Resolving landlord-tenant disputes can be challenging. Many of these situations can initially seem simple, only to grow into an unwieldy legal dilemma as time passes. The experienced attorneys at Crawford & von Keller, LLC, can help you overcome legal hurdles swiftly and effectively. Our Columbia-based lawyers have a proven track record of successfully handling landlord-tenant matters, and we are ready to assist you.
We will inform you of your rights and devise an appropriate response to your situation. Call us today or contact us online to learn more about how we can help you protect your investment and maintain positive landlord-tenant relationships.
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