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Commonly Asked Questions about South Carolina Housing Laws

Tenant Rights to Withhold Rent in South Carolina Tenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater.
The landlord can include specific language in the lease informing the tenant that if the rent is not paid within five days of the due date the landlord can begin eviction proceedings. When this language is written in the lease (see Sec. 27-40-710(b) for exact verbiage) no further notice is required to begin eviction.
The South Carolina Fair Housing Law makes it illegal to discriminate in housing because of race, color, religion, sex, national origin, physical or mental handicaps, or familial status (families with children). Housing Discrimination - SC Human Affairs Commission SC Human Affairs Commission (.gov) housing-discrimination SC Human Affairs Commission (.gov) housing-discrimination
Bill Cantey, a tenant-landlord lawyer, said that as long as a tenant pays rent, has utilities on, and keeps their belongings in the home, theyll avoid eviction. The South Carolina Bar said evictions can be triggered by failing to pay rent, the term of occupancy ending, or terms of the rental agreement under violation.
Under the Residential Landlord-Tenant Act, a tenant may bring an action against the landlord for recovery of damages or to obtain legal relief for any violations by the Landlord. These remedies will be discussed later. A tenant is responsible for paying rent on time. Rights and duties of tenants | South Carolina Bar South Carolina Bar public common-legal-topics South Carolina Bar public common-legal-topics
South Carolina Eviction Process Timeline Steps of the Eviction ProcessAverage Timeline Issuing an Official Notice 5-30 days Issuance and Service of Summons and Complaint Within 120 days Court Hearing and Judgment 10 days Issuance of Writ of Execution 5 days1 more row Jun 13, 2024
five days Non-Payment of Rent The law says you have only five days from when the rent is due to pay it before your landlord can start the eviction process. Before your landlord can try to evict you for not paying your rent, he must give you a written notice about the non-payment. The Eviction Process - SC Appleseed Legal Justice Center SC Appleseed Legal Justice Center brochure the-eviction-process SC Appleseed Legal Justice Center brochure the-eviction-process
If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out. Eviction | South Carolina Bar South Carolina Bar public common-legal-topics South Carolina Bar public common-legal-topics