South Carolina Landlord Prohibitions at a Glance

South Carolina law forbids landlords from retaliating against tenants, entering rental units without notice, keeping security deposits without cause, or shutting off utilities to force a tenant out. A landlord cannot lock you out, remove your belongings, or change the locks without going through the courts first — even if you have not paid rent. Landlords also cannot charge fees that are not listed in your lease, refuse to make necessary repairs, or discriminate based on race, color, national origin, religion, sex, familial status, or disability.

The state's landlord-tenant law, found in South Carolina Code Section 27-40-10 and following sections, sets out these rules. Many violations give you the right to break your lease without penalty, withhold rent, or sue for damages. Knowing what is off-limits protects you from illegal pressure and helps you respond correctly if a landlord crosses the line.

Key Takeaways

  • A landlord cannot enter your unit without at least 24 hours' written notice, except in genuine emergencies like fire or gas leak.
  • Landlords must return your security deposit within 30 days and must list any deductions in writing; keeping it without explanation is illegal.
  • A landlord cannot shut off heat, water, electricity, or other utilities to force you out, and cannot lock you out or remove your things without a court order.
  • Landlords cannot retaliate against you for reporting code violations, requesting repairs, or asserting your legal rights.
  • Charging fees not written in your lease, refusing to make repairs the lease requires, or discriminating based on protected characteristics are all prohibited.

Entry Without Notice or Proper Cause

A landlord must give you at least 24 hours' written notice before entering your rental unit, and the notice must state the reason for entry. Valid reasons include showing the unit to prospective tenants or buyers, making repairs, inspecting for damage, or addressing an emergency. The landlord cannot enter straightforward to check on you, look around, or harass you.

The only exception to the 24-hour notice rule is a genuine emergency — a fire, gas leak, burst pipe, or break-in where waiting would cause serious harm. Even then, the landlord should attempt to notify you as soon as reasonably possible. If a landlord enters without notice or without a valid reason, you can refuse entry, document the trespass, and contact a local tenant rights organization or attorney.

Illegal Lockouts and Utility Shutoffs

Self-help eviction — locking you out, removing your belongings, or shutting off utilities — is illegal in South Carolina, no matter how far behind on rent you are. A landlord must go to court, file for eviction, win a judgment, and have a sheriff carry out the removal. Doing it themselves exposes them to civil liability and sometimes criminal charges.

Shutting off heat, water, electricity, or other utilities to force you to leave is a particularly serious violation. South Carolina courts treat this as an illegal eviction, and you may be able to recover damages, break your lease, or recover rent you paid during the period without utilities. If this happens, contact your local legal aid office or a tenant rights attorney when ready, because the window to act is narrow.

Security Deposit Rules and Limits

South Carolina law does not set a cap on how much a landlord can charge for a security deposit, but the landlord must follow strict rules about holding and returning it. The deposit must be held in a separate account or in trust — not mixed with the landlord's own money. Within 30 days of you moving out, the landlord must return the full deposit or provide an itemized written list of deductions.

Deductions are limited to unpaid rent, damage beyond normal wear and tear, and cleaning costs if the lease allows it. The landlord cannot deduct for repairs that are the landlord's responsibility under the lease or for damage that existed when you moved in. If a landlord keeps your deposit without providing an itemized list, or if the deductions are unreasonable, you can sue in small claims court for the amount wrongfully withheld, plus court costs.

Retaliation for Asserting Your Rights

A landlord cannot retaliate against you for reporting code violations to a housing inspector, requesting repairs in writing, or asserting any legal right under your lease or state law. Retaliation includes raising your rent, decreasing services, threatening eviction, or refusing to renew your lease in response to your complaint or request.

South Carolina presumes retaliation if the landlord takes action against you within six months of your complaint or request. The burden then shifts to the landlord to prove the action was for a legitimate reason unrelated to your complaint. If you believe you are being retaliated against, document the dates of your complaint and the landlord's response, keep copies of all written communication, and contact a legal aid office or tenant rights group.

Repair Obligations and Habitability

A landlord must maintain the rental unit in a condition fit for living — what the law calls habitability. This means the roof, walls, and windows must keep out weather; plumbing and electrical systems must work; heat must be adequate in winter; and the unit must be free of serious pest infestations. If the lease requires the landlord to make repairs, the landlord cannot refuse to make them or charge you to do so.

If a landlord fails to make necessary repairs within a reasonable time after you request them in writing, you may have the right to repair the problem yourself and deduct the cost from rent, or to break your lease without penalty. Some repairs — like fixing a broken heater in winter — are so urgent that a landlord's failure to act quickly may allow you to withhold rent when ready. Always request repairs in writing and keep a copy; a text message or email counts.

Prohibited Fees and Charges

A landlord cannot charge you fees that are not written in your lease. This includes late fees, pet fees, parking fees, process fees, or any other charge. If the lease does not mention a fee, the landlord cannot collect it. Some fees — like a late fee that is unreasonably high — may be unenforceable even if they are in the lease.

Landlords also cannot charge you for normal maintenance or repairs that are the landlord's responsibility. For example, a landlord cannot charge you to repaint the unit, replace worn carpet, or fix a broken appliance that came with the unit, unless the damage was caused by your negligence and the lease allows it. If a landlord charges an unauthorized fee, you can refuse to pay it and document the demand in writing.

Discrimination and Fair Housing

Federal and South Carolina law forbid landlords from discriminating based on race, color, national origin, religion, sex, familial status (having children), or disability. A landlord cannot refuse to rent to you, charge you more, offer different terms, or treat you differently because of any of these characteristics. Disability discrimination includes refusing to allow a service animal or refusing to make a reasonable accommodation — like allowing you to install grab bars in a bathroom.

If you believe a landlord has discriminated against you, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or with South Carolina's Human Affairs Commission. These agencies investigate for free and can order the landlord to pay damages. Keep records of all communication with the landlord, dates of conversations, and any written statements about why you were denied housing or treated differently.

Frequently Asked Questions

Can a landlord change the locks if I do not pay rent?

No. Changing the locks without a court order is an illegal lockout. The landlord must file for eviction in court, win the case, and have a sheriff remove you. If a landlord changes your locks, you can call the police to report a lockout and contact a legal aid office when ready.

What if my landlord enters my apartment without notice?

Document the date, time, and any evidence that entry occurred — a note left behind, items moved, or witness statements. Send the landlord a written message saying entry without 24 hours' notice is not permitted. If it happens repeatedly, contact a tenant rights organization or attorney, as repeated violations may allow you to break your lease.

Can a landlord keep my security deposit for normal wear and tear?

No. Normal wear and tear — faded paint, worn carpet, small nail holes — is the landlord's responsibility. The landlord can only deduct for damage beyond normal use, unpaid rent, or cleaning costs if the lease allows it. If the deductions seem unreasonable, you can sue in small claims court.

What counts as retaliation in South Carolina?

Raising rent, decreasing services, threatening eviction, or refusing to renew your lease within six months of you reporting a code violation or requesting repairs is presumed retaliation. The landlord must then prove the action was for an unrelated reason. If you suspect retaliation, keep records of your complaint and the landlord's response.

Can a landlord refuse to rent to me because I have a disability?

No. Refusing to rent, charging more, or refusing to make a reasonable accommodation is illegal discrimination. This includes refusing to allow a service animal or refusing to let you install accessibility features. You can file a complaint with HUD or South Carolina's Human Affairs Commission.