Last updated: April 2026
Charleston renters are protected by South Carolina's Residential Landlord and Tenant Act — here is what every renter in the Holy City needs to know about deposits, repairs, and eviction.
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Charleston is one of South Carolina's fastest-growing cities, and its rental market reflects that growth. With a renter population that spans historic downtown apartments, West Ashley complexes, and newer North Charleston units, thousands of households rely on understanding their rights under state law. The South Carolina Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 through 27-40-940) is the primary legal framework governing every rental in Charleston and throughout the state.
Charleston renters most commonly seek information about security deposit disputes, habitability and repair obligations, rent increase rules, and the eviction process. Because South Carolina does not have rent control and Charleston has not enacted any local tenant ordinances beyond state law, the protections renters have come entirely from state statute. Understanding those statutes — and the specific timelines and remedies they provide — is the most effective tool a Charleston tenant has.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you face an eviction, a deposit dispute, or a habitability emergency, contact a qualified attorney or legal aid organization before taking action.
Charleston has no rent control, and South Carolina law does not permit it. The South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40-10 et seq.) governs the statewide landlord-tenant relationship but contains no provision authorizing or establishing rent control or rent stabilization. No South Carolina municipality, including Charleston, has enacted a local rent control ordinance, and there is no statewide preemption statute explicitly banning local rent control — meaning the absence of rent control reflects both legislative inaction and local policy, not a specific preemption bar.
In practice, this means a Charleston landlord may increase rent by any dollar amount at the end of a lease term, or with proper written notice on a month-to-month tenancy. There is no cap, no required justification, and no government registry of rent increases. A tenant who receives a rent increase they cannot afford has no legal mechanism to challenge the amount — only the right to negotiate with the landlord or vacate with proper notice. Renters on fixed incomes or in rapidly gentrifying neighborhoods such as the Upper Peninsula or North Charleston corridors are particularly exposed to large rent increases without any regulatory protection.
South Carolina's Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 through 27-40-940) provides the following core protections for Charleston renters:
Implied Warranty of Habitability (S.C. Code § 27-40-440): Landlords must maintain rental units in a fit and habitable condition throughout the tenancy. This includes keeping structural components safe, maintaining electrical, plumbing, heating, and cooling systems in working order, and complying with applicable building and housing codes that materially affect health and safety.
Repair and Remedy Rights (S.C. Code § 27-40-630): If a landlord fails to make a required repair, a tenant must deliver written notice describing the problem. The landlord then has 14 days to begin remediation (or a shorter period for emergency conditions). If the landlord does not comply, the tenant may terminate the lease, withhold rent into a court escrow account, or pursue damages — but only after following the statutory notice procedure precisely.
Notice to Terminate Month-to-Month Tenancy (S.C. Code § 27-40-770): Either a landlord or a tenant may terminate a month-to-month tenancy by providing at least 30 days' written notice before the next rent due date. Week-to-week tenancies require at least 7 days' notice. Notice must be in writing to be enforceable.
Anti-Retaliation Protection (S.C. Code § 27-40-910): A landlord may not retaliate against a tenant for complaining in good faith to a government agency about housing code violations, for organizing with other tenants, or for exercising any right protected under the Act. Retaliatory acts include raising rent, decreasing services, or filing for eviction within a period shortly after protected activity. A court may award the tenant up to three months' rent plus attorney's fees if retaliation is proven.
Prohibition on Self-Help Eviction (S.C. Code § 27-40-660): A landlord is strictly prohibited from removing a tenant by any means other than a court-ordered eviction. Changing the locks, removing doors, shutting off utilities, or removing the tenant's personal property are all illegal self-help tactics. A tenant subjected to such conduct may recover possession of the unit, actual damages, and potentially punitive damages through a court action.
Landlord's Right to Enter (S.C. Code § 27-40-530): Except in emergencies, a landlord must provide at least 24 hours' advance notice before entering a tenant's unit and may only enter at reasonable times. Repeated unauthorized entries may constitute harassment and give the tenant grounds to terminate the lease.
Security deposit rules in Charleston are governed entirely by S.C. Code § 27-40-410. South Carolina imposes no statutory cap on the amount a landlord may collect as a security deposit, so a landlord may require one month's rent, two months' rent, or any other amount — negotiated at the time of signing.
Return Deadline: After a tenant vacates, the landlord has 30 days to either return the full deposit or provide the tenant with a written, itemized statement explaining each deduction, accompanied by any remaining balance. The 30-day clock begins when the tenancy ends and the tenant vacates the premises. If the tenant's forwarding address was not provided, the landlord must mail the deposit or statement to the tenant's last known address.
Allowable Deductions: Under S.C. Code § 27-40-410(b), landlords may deduct for unpaid rent, damages beyond normal wear and tear, and other lease violations. Deductions for ordinary wear and tear — the gradual deterioration that occurs through normal use — are not permitted. Tenants should document the unit's condition with dated photographs at both move-in and move-out.
Penalty for Wrongful Withholding: If a landlord wrongfully withholds any portion of the security deposit — either by failing to return it within 30 days or by making improper deductions — the tenant may sue and recover up to three times the amount wrongfully withheld, plus reasonable attorney's fees (S.C. Code § 27-40-410(e)). This triple-damages remedy is one of the strongest tools a Charleston renter has, and it requires no proof of bad faith — only that the withholding was not legally justified.
Tenants should send a written demand letter before filing suit, keep a copy of all correspondence, and retain the original lease and move-out documentation as evidence.
Evictions in Charleston must follow the procedures set out in the South Carolina Residential Landlord and Tenant Act (S.C. Code §§ 27-40-710 through 27-40-780) and are processed through the Charleston County Magistrate Court. A landlord who attempts to remove a tenant without a court order violates S.C. Code § 27-40-660 and may face civil liability.
Step 1 — Written Notice: Before filing with the court, a landlord must serve a written notice on the tenant. The required notice period depends on the reason for eviction:
Step 2 — Filing at Magistrate Court: If the tenant does not comply with the notice, the landlord files an eviction (ejectment) action at the Charleston County Magistrate Court. The tenant will be served with a summons and a hearing date, typically within 10 to 14 days of filing.
Step 3 — The Hearing: Both parties appear before the magistrate and present their case. Tenants have the right to raise defenses, including that the landlord failed to maintain habitable conditions, that the eviction is retaliatory (S.C. Code § 27-40-910), or that proper notice was not given. Tenants should bring all written correspondence, the lease, and payment records.
Step 4 — Judgment and Writ of Ejectment: If the magistrate rules for the landlord, a Writ of Ejectment is issued. The tenant typically has a short period — often 5 days — to vacate voluntarily before the writ is enforced by the sheriff. Tenants may appeal a magistrate court decision to the Circuit Court within 30 days.
Self-Help Eviction is Illegal: Under S.C. Code § 27-40-660, a landlord may not remove a tenant by changing locks, removing doors or windows, shutting off utilities, or removing the tenant's belongings. These acts are illegal regardless of whether the tenant owes rent or has violated the lease. A tenant who is locked out or has utilities shut off should contact law enforcement and seek an emergency court order to restore access, and may be entitled to damages.
No, Charleston does not have rent control. South Carolina's Residential Landlord and Tenant Act (S.C. Code § 27-40-10 et seq.) does not establish rent control, and no Charleston ordinance does so either. Landlords in Charleston may charge or increase rent by any amount, subject only to giving proper written notice before a new rental period begins.
There is no limit on rent increases in Charleston or anywhere in South Carolina. A landlord may raise rent by any dollar amount. For month-to-month tenancies, the landlord must provide at least 30 days' written notice before the increase takes effect (S.C. Code § 27-40-770). For fixed-term leases, the rent is set until the lease expires and can only change at renewal.
Under S.C. Code § 27-40-410, a Charleston landlord must return your security deposit — along with a written, itemized list of any deductions — within 30 days after you vacate the unit. If the landlord wrongfully withholds any portion of the deposit, you are entitled to sue for up to three times the amount improperly withheld, plus attorney's fees. Always provide a forwarding address in writing when you move out.
The required notice depends on the reason for eviction. For nonpayment of rent, the landlord must give a 5-day written notice (S.C. Code § 27-40-710). For a lease violation, the notice is 14 days with an opportunity to cure (S.C. Code § 27-40-720). To end a month-to-month tenancy without cause, the landlord must give at least 30 days' written notice before the next rent due date (S.C. Code § 27-40-770). In all cases, eviction requires a court order from Charleston County Magistrate Court.
No. Self-help eviction is explicitly illegal in South Carolina under S.C. Code § 27-40-660. A landlord cannot change your locks, remove doors, shut off utilities, or remove your belongings to force you out — even if you owe rent or have violated your lease. If this happens to you, contact law enforcement and seek an emergency court order immediately. You may also be entitled to damages against the landlord for each day you are unlawfully excluded.
Under S.C. Code § 27-40-630, you must first notify your landlord in writing of the needed repair. The landlord then has 14 days to begin remediation (less for emergencies that threaten health or safety). If the landlord does not act within that period, you may be entitled to terminate your lease, pursue a rent escrow remedy through the court, or seek damages. Do not withhold rent without following the statutory notice procedure exactly — failing to do so can put you at risk of eviction.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in South Carolina and Charleston may change, and the application of any law depends on the specific facts of your situation. Nothing on this page creates an attorney-client relationship. If you are facing an eviction, a security deposit dispute, a habitability problem, or any other landlord-tenant issue, you should consult a licensed attorney or contact a legal aid organization before taking action. RentCheckMe makes no warranty as to the accuracy or completeness of the information provided and is not responsible for any action taken in reliance on it.
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