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Clemson, located in Pickens County along the South Carolina–Georgia border, is home to Clemson University and a large, transient renter population that includes students, graduate researchers, and university staff. The rental market here is active and competitive, and tenants frequently search for answers about security deposit returns, rent increases, and what landlords are legally required to fix.
All residential rentals in Clemson are governed by the South Carolina Residential Landlord and Tenant Act, codified at S.C. Code §§ 27-40-10 through 27-40-940. This statewide law sets the rules for habitability, security deposits, eviction procedures, and anti-retaliation protections. Clemson has enacted no local ordinances that add to or modify these state standards.
This article provides an overview of the tenant rights that apply to Clemson renters under South Carolina law. It is informational only and does not constitute legal advice. For guidance specific to your situation, contact SC Legal Services or a licensed South Carolina attorney.
Clemson has no rent control, and no city in South Carolina does. South Carolina's Residential Landlord and Tenant Act (S.C. Code § 27-40-10 et seq.) does not authorize or establish rent control, and no South Carolina municipality has ever enacted a rent stabilization ordinance. Unlike some states that expressly preempt local rent control by statute, South Carolina simply has no enabling law that would permit cities like Clemson to cap rent increases — meaning landlords may raise rent by any amount and at any frequency, provided they give adequate advance notice tied to the lease term.
In practice, this means Clemson landlords can increase rent upon lease renewal or, for month-to-month tenants, with at least 30 days' written notice under S.C. Code § 27-40-770. There is no ceiling on the percentage or dollar amount of a rent increase. Tenants facing a significant rent hike have no legal mechanism under South Carolina or Clemson law to challenge the amount — their primary option is to accept the new rent, negotiate with the landlord, or vacate with proper notice.
The following state-law protections apply to all Clemson renters under the South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40-10 et seq.):
Habitability (S.C. Code § 27-40-440): Landlords must maintain rental units in a fit and habitable condition. This includes maintaining safe electrical, plumbing, heating, and structural systems, and complying with applicable housing codes affecting health and safety. Tenants have a parallel duty to keep their unit clean and not damage the property beyond normal wear and tear (S.C. Code § 27-40-510).
Repairs (S.C. Code § 27-40-630): If a landlord fails to make a required repair after receiving written notice, the landlord has 14 days to remedy the problem (or less in an emergency). If the landlord fails to act, the tenant may pursue remedies including terminating the lease, pursuing rent escrow through the court, or having the repair made and deducting the cost from rent under procedures specified by the statute.
Security Deposit (S.C. Code § 27-40-410): There is no statutory cap on the deposit amount. Landlords must return the full deposit, or the remaining balance with an itemized written statement of deductions, within 30 days of the tenant's move-out. Wrongful withholding entitles the tenant to recover triple the improperly withheld amount plus reasonable attorney's fees.
Notice to Terminate Month-to-Month Tenancy (S.C. Code § 27-40-770): Either party must provide at least 30 days' written notice before terminating a month-to-month tenancy. Week-to-week tenancies require at least 7 days' notice.
Anti-Retaliation (S.C. Code § 27-40-910): A landlord may not retaliate against a tenant who reports housing code violations, complains to the landlord about habitability issues, or exercises any right under the Residential Landlord and Tenant Act. Prohibited retaliatory acts include increasing rent, reducing services, or initiating eviction proceedings. If a landlord takes such action within one year of a tenant's protected activity, retaliation is presumed.
Lockout and Utility Shutoff Prohibition (S.C. Code § 27-40-660): It is illegal for a landlord to lock out a tenant, remove doors or windows, or deliberately cut off utilities as a means of forcing a tenant to leave. Eviction must proceed through the courts. Tenants subjected to a self-help eviction may recover actual damages and attorney's fees.
South Carolina imposes no statutory cap on the security deposit a Clemson landlord may charge, so landlords may require one month's rent, two months' rent, or any other amount they choose. The rules governing return of that deposit are set out in S.C. Code § 27-40-410.
Return Deadline: After the tenancy ends and the tenant vacates, the landlord has 30 days to either return the full deposit or provide the tenant with a written itemized statement of deductions along with the remaining balance, if any.
Permissible Deductions: Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and other amounts the tenant owes under the lease. Normal wear and tear — such as minor scuffs, carpet wear from regular use, or faded paint — may not be charged against the deposit.
Penalty for Wrongful Withholding: If a landlord wrongfully withholds any portion of the deposit — either by failing to return it within 30 days or by making impermissible deductions — the tenant is entitled to recover three times the amount wrongfully withheld, plus reasonable attorney's fees, under S.C. Code § 27-40-410(c). To protect your rights, document the unit's condition with photos and video at move-in and move-out, and provide the landlord with your forwarding address in writing.
Clemson landlords must follow the eviction process set out in the South Carolina Residential Landlord and Tenant Act (S.C. Code §§ 27-40-710 through 27-40-780) and the South Carolina Ejectment statutes. Self-help eviction is strictly prohibited.
Step 1 — Written Notice: The type and duration of notice depends on the reason for eviction:
Step 2 — Filing in Magistrate Court: If the tenant does not comply with the notice, the landlord must file an ejectment action (eviction lawsuit) in the local Magistrate Court serving Pickens County. The tenant is served with a summons and has the right to appear and contest the eviction.
Step 3 — Hearing: A hearing is typically scheduled within 10 days of service. Both parties may present evidence. If the landlord prevails, the magistrate issues a Writ of Ejectment.
Step 4 — Writ of Ejectment: Only after a court issues a Writ of Ejectment may the landlord, with the assistance of the sheriff or constable, remove the tenant from the unit. The landlord may not personally remove a tenant's belongings or change the locks without a court order.
Self-Help Eviction is Illegal (S.C. Code § 27-40-660): Landlords who lock out a tenant, remove doors or windows, or cut off utilities to force a tenant out — without a court order — violate state law. Tenants in this situation may seek immediate court relief and recover actual damages and attorney's fees.
This article is provided for informational purposes only and does not constitute legal advice. The tenant rights information presented here reflects South Carolina law as of April 2026 and is intended to give Clemson renters a general understanding of their rights. Laws and local regulations can change, and the application of any law depends on your specific facts and circumstances. For advice about your particular situation, contact SC Legal Services, a licensed South Carolina attorney, or another qualified legal professional before taking action.
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