Tenant Rights in Moncks Corner, South Carolina

Key Takeaways

  • None — South Carolina has no rent control law; no local ordinance exists in Moncks Corner (S.C. Code § 27-40-10)
  • Must be returned within 30 days of move-out with itemized statement; wrongful withholding entitles tenant to triple the amount withheld (S.C. Code § 27-40-410)
  • 30 days' written notice required to terminate a month-to-month tenancy (S.C. Code § 27-40-770)
  • No just cause requirement — landlords may terminate month-to-month tenancies with proper notice; court process required for all evictions
  • SC Legal Services, Charleston Pro Bono Legal Services, SC AG – Consumer Protection

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1. Overview: Tenant Rights in Moncks Corner

Moncks Corner is the county seat of Berkeley County, South Carolina, and has seen steady population growth as part of the broader Charleston-area region. Renters in Moncks Corner are governed entirely by the South Carolina Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 through 27-40-940), which is the primary legal framework controlling the rights and responsibilities of both landlords and tenants throughout the state.

Moncks Corner has not enacted any local rental housing ordinances beyond state law, meaning tenants here rely on state statutes for protections related to security deposits, habitability, eviction procedures, and retaliation. Renters commonly search for information about how much rent can be raised, how quickly a landlord must return a security deposit, and what steps a landlord must follow before filing for eviction.

This article summarizes the key tenant protections that apply in Moncks Corner as of April 2026. It is provided for informational purposes only and does not constitute legal advice. For guidance specific to your situation, contact a qualified attorney or a legal aid organization serving Berkeley County.

2. Does Moncks Corner Have Rent Control?

Moncks Corner has no rent control ordinance, and South Carolina state law does not establish rent control or rent stabilization of any kind. The South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40-10 et seq.) sets the framework for landlord-tenant relationships in the state but includes no provisions limiting rent increases.

Because South Carolina has never enacted a statewide rent control statute and no municipality in the state — including Moncks Corner — has passed a local rent control ordinance, landlords in Moncks Corner may raise rent by any amount they choose. The only practical limitation is that landlords must provide proper written notice before a rent increase takes effect. For month-to-month tenants, that means at least 30 days' written notice before the change is effective (S.C. Code § 27-40-770). For tenants on a fixed-term lease, the rent cannot be changed until the lease term ends unless the lease itself allows for mid-term adjustments.

In practice, this means Moncks Corner renters should carefully review their lease terms, negotiate renewal terms proactively, and budget for the possibility of rent increases at lease renewal with no state-imposed ceiling.

3. South Carolina State Tenant Protections That Apply in Moncks Corner

South Carolina's Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 through 27-40-940) provides the following core protections to renters in Moncks Corner:

Habitability (S.C. Code § 27-40-440): Landlords must maintain rental units in a fit and habitable condition. This includes keeping structural elements safe, maintaining electrical, plumbing, heating, and hot water systems in working order, and complying with applicable housing codes. Tenants also have obligations to keep their unit clean and to avoid damaging the property.

Repairs (S.C. Code § 27-40-630): If your landlord fails to maintain a habitable unit, you must deliver written notice describing the problem. The landlord then has 14 days to begin remediation for non-emergency repairs. If the landlord fails to act, tenants may have remedies including terminating the lease or depositing rent into an escrow account with the court pending repairs.

Security Deposit Rules (S.C. Code § 27-40-410): Landlords must return your security deposit within 30 days after you vacate, along with an itemized written statement of any deductions. Wrongful withholding entitles the tenant to recover up to three times the improperly withheld amount, plus attorney's fees.

Notice to Terminate (S.C. Code § 27-40-770): Either party must give at least 30 days' written notice to end a month-to-month tenancy. Week-to-week tenancies require 7 days' notice.

Anti-Retaliation Protection (S.C. Code § 27-40-910): A landlord may not retaliate against a tenant for reporting housing code violations to a government agency, joining a tenant organization, or otherwise exercising rights under the Act. Retaliatory acts include raising rent, reducing services, or threatening eviction within one year of a protected activity. A tenant facing retaliation may sue for damages and attorney's fees.

Lockout & Utility Shutoff Prohibition (S.C. Code § 27-40-660): A landlord may not remove a tenant's belongings, change locks, or willfully cut off utilities as a means of forcing a tenant to leave. These self-help eviction tactics are illegal in South Carolina regardless of whether the tenant owes rent.

4. Security Deposit Rules in Moncks Corner

South Carolina law (S.C. Code § 27-40-410) governs security deposits for all rentals in Moncks Corner. Key rules include:

No Statutory Cap: South Carolina does not limit how large a security deposit a landlord may collect. The deposit amount is a matter of negotiation between landlord and tenant, and is typically set out in the lease.

30-Day Return Deadline: After you vacate the unit, your landlord has 30 days to return your security deposit. If the landlord makes deductions, they must provide a written, itemized list of those deductions along with any remaining balance. Allowable deductions include unpaid rent and documented damage beyond normal wear and tear.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide the itemized statement within 30 days, or wrongfully withholds any portion of the deposit, the tenant may recover up to three times the amount wrongfully withheld, plus reasonable attorney's fees, in a civil lawsuit (S.C. Code § 27-40-410(d)).

Protecting Your Deposit: Document the unit's condition with photos or video at move-in and move-out, provide your forwarding address in writing when you vacate, and keep copies of all communications with your landlord. Failure to provide a forwarding address may affect your ability to enforce the 30-day return deadline.

5. Eviction Process and Your Rights in Moncks Corner

Landlords in Moncks Corner must follow South Carolina's formal eviction process (known as an ejectment or unlawful detainer action) as set out in S.C. Code §§ 27-40-710 through 27-40-730 and S.C. Code § 27-40-770. A landlord cannot remove a tenant without a court order.

Step 1 — Written Notice: Before filing with a court, the landlord must serve the tenant with the appropriate written notice:
Nonpayment of rent: 5 days' written notice to pay rent or vacate (S.C. Code § 27-40-710(b)).
Lease violation (other than nonpayment): 14 days' notice to remedy the violation or vacate (S.C. Code § 27-40-710(a)).
Month-to-month termination: 30 days' written notice with no cause required (S.C. Code § 27-40-770).

Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file an eviction complaint with the Berkeley County Magistrate Court. The court will schedule a hearing and serve the tenant with a summons.

Step 3 — Hearing: Both parties appear before the magistrate. Tenants have the right to present defenses, such as that rent was paid, repairs were not made, or that the eviction is retaliatory (S.C. Code § 27-40-910). If the landlord prevails, the court issues a judgment for possession.

Step 4 — Writ of Ejectment: If the tenant does not vacate after judgment, the landlord may obtain a Writ of Ejectment authorizing a law enforcement officer to remove the tenant.

Self-Help Eviction is Illegal: Under S.C. Code § 27-40-660, a landlord may not change locks, remove doors or windows, cut off utilities, or remove a tenant's belongings to force them out. Any such actions are unlawful and may entitle the tenant to actual damages and attorney's fees.

6. Resources for Moncks Corner Tenants

This article is provided for informational purposes only and does not constitute legal advice. The tenant rights information presented here reflects South Carolina law and local ordinances as of April 2026, but laws and regulations may change. Every rental situation is unique, and this page cannot address every circumstance. Renters in Moncks Corner seeking guidance on a specific issue should consult a licensed South Carolina attorney or contact a legal aid organization such as SC Legal Services. RentCheckMe makes no warranties regarding the completeness or accuracy of this information and is not liable for actions taken in reliance on it.

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Frequently Asked Questions

Does Moncks Corner have rent control?
No. Moncks Corner has no rent control ordinance, and South Carolina has no statewide rent control law. The South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40-10) governs the landlord-tenant relationship but places no cap on rent amounts. Landlords may charge and increase rent freely, subject only to proper notice requirements.
How much can my landlord raise my rent in Moncks Corner?
There is no limit on how much a landlord can raise rent in Moncks Corner or anywhere in South Carolina. For month-to-month tenants, the landlord must give at least 30 days' written notice before a rent increase takes effect (S.C. Code § 27-40-770). If you are on a fixed-term lease, the rent generally cannot be increased until the lease term expires, unless your lease expressly permits mid-term increases.
How long does my landlord have to return my security deposit in Moncks Corner?
Your landlord must return your security deposit — along with a written, itemized list of any deductions — within 30 days after you vacate the rental unit (S.C. Code § 27-40-410). If the landlord fails to comply or wrongfully withholds any portion of the deposit, you may be entitled to recover up to three times the amount improperly withheld, plus reasonable attorney's fees. Providing your landlord with a forwarding address in writing when you move out helps protect your rights.
What notice does my landlord need before evicting me in Moncks Corner?
The required notice depends on the reason for eviction. For nonpayment of rent, the landlord must give 5 days' written notice to pay or vacate (S.C. Code § 27-40-710(b)). For other lease violations, 14 days' written notice to remedy or vacate is required (S.C. Code § 27-40-710(a)). To terminate a month-to-month tenancy without cause, 30 days' written notice is required (S.C. Code § 27-40-770). After proper notice, the landlord must still file in Berkeley County Magistrate Court if you do not leave.
Can my landlord lock me out or shut off utilities in Moncks Corner?
No. South Carolina law expressly prohibits self-help eviction tactics. Under S.C. Code § 27-40-660, a landlord may not change locks, remove doors or windows, shut off utilities, or remove a tenant's belongings as a method of forcing the tenant out — even if the tenant owes unpaid rent. If your landlord engages in any of these acts, you may be entitled to actual damages and attorney's fees. The landlord must obtain a court order through the formal eviction process.
What can I do if my landlord refuses to make repairs in Moncks Corner?
Under S.C. Code § 27-40-630, you must first provide your landlord with written notice describing the repair needed. The landlord then has 14 days to begin addressing non-emergency repairs. If the landlord fails to act within that period, you may have legal remedies including terminating the lease or depositing rent into an escrow account with the Magistrate Court pending completion of repairs. You should document all communications in writing and keep copies. Contact SC Legal Services (sclegal.org) for assistance if your landlord remains unresponsive.

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