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Under South Carolina law, tenants may withhold rent if the landlord fails to provide essential services such as heating systems, water supply, good sanitary conditions, and maintenance.
The law requires the landlord to comply with building and housing codes materially affecting health and safety. The landlord must make all repairs and do whatever is reasonably necessary to put and keep the rental unit in a fit and livable condition.
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.
South Carolina is considered a landlord-friendly state because of the lack of rent control laws and the ability to evict tenants.
South Carolina Landlord Tenant Law permits landlords to require tenants to pay a security deposit. The security deposit must be returned to the tenant within thirty days after termination of the tenancy. Past due rent and the cost of damages can be withheld from the security deposit.
Can Tenants Withhold Rent in South Carolina? Under South Carolina law, tenants may withhold rent if the landlord fails to provide essential services such as heating systems, water supply, good sanitary conditions, and maintenance.
(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
A landlord in South Carolina has 30 days to return a renter's deposit when they move out. If a landlord fails to do this, they risk getting fined. They may end up paying the renter up to thrice the amount withheld plus court costs.