South Carolina is one of the best states to invest in real estate due to its mix of cash flow and appreciation markets, but whether you’re a small-time investor or experienced landlord, you should have a basic understanding of South Carolina rental laws. In this article, we cover exactly what a landlord cannot do in South Carolina, key responsibilities, and an investing strategy that makes managing your rentals much easier!
Disclaimer: The information in this article is for educational purposes only and does not constitute legal advice. South Carolina landlord-tenant laws are subject to change and may apply differently based on specific circumstances. For legal guidance on your particular situation, please consult a qualified South Carolina attorney.
Summary:
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As a South Carolina landlord, it’s crucial to know your legal boundaries when operating a rental property. Here are eight things a landlord cannot do, per the South Carolina Residential Landlord and Tenant Act (SCRLTA):
Except for emergencies, abandonment, or court-ordered entry, South Carolina rental laws prohibit landlords from entering a tenant’s unit without their consent or ample notice. In most cases, they must inform the tenant at least 24 hours in advance and only enter at a reasonable time.
In South Carolina, landlords cannot self-evict, meaning they cannot remove a tenant from the premises, change their locks, or stop providing them with essential services. In any of these instances, the tenant can choose to recover the unit or terminate their lease agreement. Additionally, they can recover three months’ rent or twice the damages sustained, whichever is greater, plus reasonable attorney fees.
South Carolina landlords cannot keep a security deposit without providing a reason to the tenant. They have 30 days after move-out to either return the tenant’s deposit or provide an itemized notice with any deductions, along with the balance or a bill for damages exceeding the deposit amount.
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When a tenant either moves out or abandons their unit, the landlord may dispose of any personal property left behind that has a fair-market value of $500 or less. However, if the tenant’s property exceeds that amount, the landlord should proceed cautiously, providing notice to the tenant, storing the property, or consulting an attorney.
In South Carolina, a landlord cannot force a tenant out of their unit by changing the locks, even if the tenant has not paid their rent. This is considered an illegal self-help eviction. Instead, the landlord may start the official eviction process five days after rent is due (given that a written notice to pay or quit is provided to the tenant).
When a new tenancy begins, the landlord must disclose their name and address, or the name and address of the person authorized to act on their behalf, to the tenant. This information must be kept current throughout the renter’s tenancy.
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For the most part, landlords who choose to allow pets on their property may charge the owner a fee and/or deposit. However, if that pet is an assistance dog to a handicapped person, the tenant has the right to keep the dog on the property without incurring any charge. This does not exempt them from charges related to pet-caused property damage.
In South Carolina, a landlord or tenant can choose to terminate a month-to-month lease at any time. However, they cannot do so without providing at least 30 days’ written notice to the other party.
Managing a South Carolina rental property has its fair share of responsibilities. You can stay ahead by prioritizing the following:
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Don’t want to handle typical landlord duties, like screening tenants or making repairs? Buy turnkey instead! Since these properties are either newly built or recently renovated, they often require less maintenance and repairs than other types of rental properties. What’s more, turnkey rentals often come with property management already in place. With a professional handling your property’s day-to-day, you’ll have more time and passive income!
A basic understanding of local landlord-tenant laws is crucial for any investor. But thankfully, you don’t need to be a legal expert to own a piece of the South Carolina housing market. A property manager can help you operate your rental fairly and legally while you focus on building financial freedom. Turnkey rentals from Rent to Retirement often come with property management already in place, allowing you to invest remotely!
Landlord responsibilities in South Carolina include providing a habitable space, maintaining the property, making repairs to key systems before tenants move in, returning security deposits on time (or an itemized list of deductions), and much more. If you’ve got too much on your plate, hire a property manager, or buy a turnkey property that comes with management!
Security deposit laws vary by state, but in South Carolina, the landlord must return the tenant’s security deposit within 30 days of move-out—unless there are damages. In this case, the landlord must provide an itemized notice listing all deductions.
Turnkey rentals are some of the easiest properties to manage, as they typically require less upkeep and often come with property management in place. Rent to Retirement has turnkey rentals for sale in multiple South Carolina markets!