Title 27 - Property and
Conveyances
CHAPTER 40.
SOUTH CAROLINA RESIDENTIAL LANDLORD
AND TENANT ACT
ARTICLE 1.
GENERAL PROVISIONS AND DEFINITIONS
SUBARTICLE I.
SHORT TITLE, CONSTRUCTION,
APPLICATION, AND SUBJECT MATTER OF CHAPTER
Short title.
This chapter is known and may be cited as the South Carolina
Residential Landlord and Tenant Act. Title 27, Chap. 40, §27-40-10
Purposes; rules of construction.
(a) This chapter must be liberally construed and applied to
promote its underlying purposes and policies.
(b) Underlying purposes and policies of this chapter are:
(1) to simplify, clarify, modernize, and revise the law
governing rental of dwelling units and the rights and obligations of
landlords and tenants;
(2) to encourage landlords and tenants to maintain and
improve the quality of housing. Title 27, Chap. 40, §27-40-20.
Supplementary rules of law applicable.
Unless displaced by the provisions of this chapter, the
principles of law and equity, including the law relating to capacity
to contract, mutuality of obligations, principal and agent, real
property, public health, safety and fire prevention, estoppel,
fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or
other validating or invalidating cause shall supplement the
provisions of this chapter. Title 27, Chap. 40, §27-40-30
Construction against implicit repeal.
This chapter being a general chapter intended as a unified
coverage of its subject matter, no part of it is to be construed as
impliedly repealed by subsequent legislation if that construction
can reasonably be avoided. Title 27, Chap. 40, §27-40-40
Administration of remedies; enforcement.
(a) The remedies provided by this chapter must be so
administered that an aggrieved party may recover appropriate
damages. The aggrieved party has a duty to mitigate damages.
(b) Any right or obligation declared by this chapter is
enforceable by action unless the provision declaring it specifies a
different and limited effect. Title 27, Chap. 40, §27-40-50
Settlement of disputed claim or right.
A claim or right arising under this chapter or on a rental
agreement, if disputed in good faith, may be settled by agreement.
Title 27, Chap. 40, §27-40-60
SCOPE AND JURISDICTION
Territorial application.
This chapter applies to, regulates, and determines rights,
obligations, and remedies under a rental agreement, wherever made,
for a dwelling unit located within this State. Title 27, Chap. 40,
§27-40-110
Exclusions from application of chapter.
The following arrangements are not governed by this chapter:
(1) residence at an institution, public or private, if
incidental to detention or the provision of medical, geriatric,
educational, counseling, religious, or similar service;
(2) occupancy under a contract of sale of a dwelling unit or
the property of which it is a part, if the occupant is the purchaser
or a person who succeeds to his interest;
(3) occupancy by a member or a fraternal or social
organization in the portion of a structure operated for the benefit
of the organization;
(4) transient occupancy in a hotel, motel, or other
accommodations subject to the sales tax on accommodations as
provided by SECTION 12-36-920;
(5) occupancy by an employee of a landlord whose right to
occupancy is conditional upon employment in and about the premises;
(6) occupancy by an owner of a condominium unit or a holder
of a proprietary lease in a cooperative;
(7) occupancy under a rental agreement covering the premises
used by the occupant primarily for agricultural purposes;
(8) occupancy under a rental agreement in a premises
regulated by the provisions of Chapter 32 of Title 27 of the 1976
Code (Vacation Time Sharing Plan Act).
(9) residence, whether temporary or not, at a charitable or
emergency protective shelter, public or private. Title 27,
Chap. 40, §27-40-120
Jurisdiction and service of process.
(a) The circuit courts and magistrate courts of this State shall
exercise concurrent jurisdiction over any landlord with respect to
any conduct in this State governed by this chapter or with respect
to any claim arising from a transaction subject to this chapter. In
addition to any other method provided by rule or by statute,
personal jurisdiction over a landlord may be acquired in a civil
action or proceeding instituted in the court of common pleas or
magistrate court by the service of process in the manner provided by
this section.
(b) If a landlord is not a resident of this State or is a
corporation not authorized to do business in this State and engaged
in any conduct in this State governed by this chapter, or engaged in
a transaction subject to this chapter, he may designate an agent
upon whom service of process may be made in this State. The agent
must be a resident of this State or a corporation authorized to do
business in this State. The designation must be in writing and filed
with the Secretary of State. If no designation is made and filed or
if process cannot be served in this State upon the designated agent,
process may be served upon the Secretary of State, but service upon
him is not effective unless the plaintiff or petitioner forthwith
mails a copy of the process and pleading by registered or certified
mail requiring a signed receipt to the defendant or respondent at
his last reasonably ascertainable address. An affidavit of
compliance with this section must be filed with the court of the
county wherein the action is instituted on or before the return day
of the process, if any, or within any further time the court allows.
Title 27, Chap. 40, §27-40-130
GENERAL DEFINITIONS AND PRINCIPLES INTERPRETATION; NOTICE
General definitions.
Subject to additional definitions contained in subsequent
articles of this chapter which apply to specific articles or parts
of this chapter, and unless the context otherwise requires, in this
chapter:
(1) "action" includes recoupment, counterclaim,
set-off, suit in equity, and any other proceeding in which rights
are determined, including an action for possession;
(2) "building and housing codes" include any law,
ordinance, or governmental regulation concerning fitness for
habitation, or the construction, maintenance, operation, occupancy,
use, or appearance of any premise, or dwelling unit;
(3) "dwelling unit" means a structure or the part
of a structure that is used as a home, residence, or sleeping place
by one person who maintains a household or by two or more persons
who maintain a common household and includes landlord-owned mobile
homes. Property that is leased for the exclusive purpose of being
renovated by the lessee is not considered a dwelling unit within the
meaning of this chapter;
(4) "fair-market rental value" means the actual
periodic rental payment for comparable rental property to which a
willing landlord and a willing tenant would agree. In determining
the fair-market rental value, the court may consider appraisals
offered by the tenant, landlord, realty experts, licensed
appraisers, and other relevant evidence;
(5) "good faith" means honesty in fact in the
conduct of the transaction concerned;
(6) "landlord" means the owner, lessor, or
sublessor of the premises, and it also means a manager of the
premises who fails to disclose as required by SECTION 27-40-420;
(7) "organization" includes a corporation,
government, governmental subdivision or agency, business trust,
estate, trust, partnership or association, two or more persons
having a joint or common interest, and any other legal or commercial
entity;
(8) "owner" means one or more persons, jointly or
severally, in whom is vested (i) all or part of the legal title to
property or (ii) all or part of the beneficial ownership and a right
to present use and enjoyment of the premises. The term includes a
mortgagee in possession;
(9) "person" includes an individual or
organization;
(10) "premises" means a dwelling unit and the
structure of which it is a part and facilities and appurtenances
therein and grounds, areas, and facilities held out for the use of
tenants generally or whose use is promised to the tenant;
(11) "rent" means the consideration payable for use
of the premises including late charges whether payable in lump sum
or periodic payments, excluding security deposits or other charges;
(12) "rental agreement" means all agreements,
written or oral, and valid rules and regulations adopted under
SECTION 27-40-520 embodying the terms and conditions concerning the
use and occupancy of a dwelling unit and premises;
(13) "roomer" means a person occupying a dwelling
unit that does not include a toilet and either a bathtub or a shower
and a refrigerator, stove, and kitchen sink, all provided by the
landlord, and where one or more of these facilities are used in
common by occupants in the structure;
(14) "single family residence" means a structure
maintained and used as a single dwelling unit. Notwithstanding that
a dwelling unit shares one or more walls with another dwelling unit,
it is a single family residence if it has direct access to a street
or thoroughfare and shares neither heating facilities, hot water
equipment, nor any other essential facility or service with any
other dwelling unit;
(15) "tenant" means a person entitled under a
rental agreement to occupy a dwelling unit to the exclusion of
others;
(16) "wilful" means an attempt to intentionally
avoid obligations under the rental agreement or the provisions of
this chapter;
(17) "essential services" means sanitary plumbing
or sewer services; electricity; gas, where it is used for heat, hot
water, or cooking; running water, and reasonable amounts of hot
water and heat, except where the building that includes the dwelling
unit is not required by law to be equipped for that purpose, or the
dwelling unit is so constructed that heat or hot water is generated
by an installation within the exclusive control of the tenant and
supplied by a direct public utility connection.
(18) "security deposit" means a monetary deposit
from the tenant to the landlord which is held in trust by the
landlord to secure the full and faithful performance of the terms
and conditions of the lease agreement as provided in Section
27-40-410. Title 27, Chap. 40, §27-40-210
Obligation of good faith.
Every duty under this chapter and every act which must be
performed as a condition precedent to the exercise of a right or
remedy under this chapter imposes an obligation of good faith in its
performances or enforcement. Title 27, Chap. 40, §27-40-220
Unconscionability.
(a) If the court as a matter of law, finds:
(1) a rental agreement was unconscionable when made, the
court may refuse to enforce the rental agreement;
(2) any provision of a rental agreement was unconscionable
when made, the court may enforce the remainder of the agreement
without the unconscionable provision or limit the application of any
unconscionable provision to avoid an unconscionable result; or
(3) a settlement in which a party waives or agrees to forego
a claim or right under this chapter or under a rental agreement was
unconscionable when made, the court may refuse to enforce the
settlement, enforce the remainder of the settlement without the
unconscionable provision, or limit the application of any
unconscionable provision to avoid an unconscionable result.
(b) If unconscionability is put into issue by a party or by
the court upon its own motion, the parties must be afforded a
reasonable opportunity to present evidence as to the setting,
purpose, and effect of the rental agreement or settlement to aid the
court in making the determination. Title 27, Chap. 40,
§27-40-230
Notices.
(A) A person has notice of a fact if:
(1) the person has actual knowledge of it;
(2) the person has received a notice or notification of it;
or
(3) from all the facts and circumstances known to him at the
time in question he has reason to know that it exists. A person
"knows" or "has knowledge" of a fact if he has
actual knowledge of it.
(B) A person "notifies" or "gives" a
notice or notification to another person by taking steps reasonably
calculated to inform the other in ordinary course whether or not the
other actually comes to know of it. A person "receives" a
notice or notification when:
(1) it comes to his attention; or
(2) in the case of the landlord, it is delivered at the place
of business of the landlord through which the rental agreement was
made or at any place held out by the landlord as the place for
receipt of the communication; or
(3) in the case of the tenant, it is delivered in hand to the
tenant or mailed by registered or certified mail to the tenant at
the place held out by him as the place for receipt of the
communication, or in the absence of the designation, to the
tenant"s last known place of residence. Proof of mailing
pursuant to this subsection constitutes notice without proof of
receipt.
(C) "Notice", knowledge, or a notice or
notification received by an organization is effective for a
particular transaction from the time it is brought to the attention
of the individual conducting that transaction, and in any event from
the time it would have been brought to the individual's attention if
the organization had exercised reasonable diligence.
(D) The time within which an act is to be done must be
computed by reference to South Carolina Rules of Civil Procedure.
Title 27, Chap. 40, §27-40-240
GENERAL PROVISIONS
Terms and conditions of rental agreement.
(a) A landlord and a tenant may include in a rental agreement
terms and conditions not prohibited by this chapter or other rule of
law, including rent, term of the agreement, and other provisions
governing the rights and obligations of the parties.
(b) In absence of agreement, the tenant shall pay as rent the
fair-market rental value for the use and occupancy of the dwelling
unit.
(c) Rent is payable without demand or notice at the time and
place agreed upon by the parties. Unless the tenant is otherwise
notified in writing, rent is payable at the dwelling unit and
periodic rent is payable at the beginning of any term of one month
or less and otherwise in equal monthly installments at the beginning
of each month. Unless otherwise agreed, rent is uniformly
apportionable from day to day.
(d) Unless the rental agreement fixes a definite term, the
tenancy is week to week in case of a roomer who pays weekly rent and
in all other cases month to month. Title 27, Chap. 40, §27-40-310
Effect of unsigned or undelivered rental agreement.
(a) If the landlord does not sign and deliver a written rental
agreement which has been signed and delivered to the landlord by the
tenant, acceptance of rent without reservation by the landlord gives
the rental agreement the same effect as if it had been signed and
delivered by the landlord.
(b) If the tenant does not sign and deliver a written rental
agreement which has been signed and delivered to the tenant by the
landlord, acceptance of possession and payment of rent without
reservation gives the rental agreement the same effect as if it had
been signed and delivered by the tenant.
(c) If a rental agreement given effect by the operation of
this section provides for a term longer than one year, it is
effective for only one year. Title 27, Chap. 40, §27-40-320
Prohibited provisions in rental agreements.
(a) A rental agreement may not provide that the tenant:
(1) agrees to waive or forego rights or remedies under this
chapter;
(2) authorizes any person to confess judgment on a claim
arising out of the rental agreement;
(3) agrees to the exculpation or limitation of any liability
of the landlord arising under law or to indemnify the landlord for
that liability or the costs connected therewith.
(b) A provision prohibited by subsection (a) included in a
rental agreement is unenforceable. If a landlord deliberately uses a
rental agreement containing provisions known by him to be prohibited
and attempts to exercise the rights created by the agreement, the
tenant may recover in addition to his actual damages an amount not
to exceed the security deposit and reasonable attorney's fees. If a
landlord maliciously uses a rental agreement containing provisions
known by him to be prohibited and attempts to exercise the rights
created thereby, the tenant may recover in addition to his actual
damages an amount not to exceed three months' periodic rent and
reasonable attorney's fees.
(c) The provisions of this section shall not operate so as to
invalidate bona fide liquidated damage provisions which shall
establish the amount of damages for loss of rent resulting from a
premature termination of a lease. Title 27, Chap. 40, §27-40-330
Separation of rents and obligations to maintain property
forbidden.
A rental agreement, assignment, conveyance, trust deed,
mortgage, or security instrument may not permit the receipt of rent
absent the obligation to comply with SECTION 27-40-440(a).
Title 27, Chap. 40, §27-40-340
ARTICLE 3.
LANDLORD OBLIGATIONS
Security deposits; prepaid rent.
(a) Upon termination of the tenancy, property or money held by
the landlord as security must be returned less amounts withheld by
the landlord for accrued rent and damages which the landlord has
suffered by reason of the tenant's noncompliance with Section
27-40-510. Any deduction from the security/rental deposit must be
itemized by the landlord in a written notice to the tenant together
with the amount due, if any, within thirty days after termination of
the tenancy and delivery of possession and demand by the tenant,
whichever is later. The tenant shall provide the landlord in writing
with a forwarding address or new address to which the written notice
and amount due from the landlord may be sent. If the tenant fails to
provide the landlord with the forwarding or new address, the tenant
is not entitled to damages under this subsection provided the
landlord (1) had no notice of the tenant's whereabouts and (2)
mailed the written notice and amount due, if any, to the tenant's
last known address.
(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.
(c) If a landlord (1) rents more than four adjoining dwelling
units on the premises, and (2) imposes different standards for
calculating security/rental deposits required of different tenants
on the premises, then, prior to the consummation of the rental
agreement, the landlord shall either post in a conspicuous place on
the premises, or at the place at which rental is paid a statement
clearly indicating the standards by which such security/rental
deposits are calculated, or shall provide each prospective tenant
with a statement setting forth the standards. If a landlord fails to
comply with this subsection as to a tenant, the difference between
the security/rental deposit required of the tenant and the lowest
security/rental deposit required of any other tenant of a comparable
dwelling unit on the premises is not subject to deductions for
damages by reason of the tenant's noncompliance with Section
27-40-510.
(d) This section does not preclude the landlord or tenant
from recovering other damages to which he may be entitled under this
chapter or otherwise.
(e) Subject to the provisions of Section 27-40-450, the
holder of the landlord's interest in the premises at the time of the
termination of the tenancy is bound by this section. Title 27,
Chap. 40, §27-40-410
Disclosure.
(a) A landlord or any person authorized to enter into a rental
agreement on his behalf shall disclose to the tenant in writing at
or before the commencement of the tenancy the name and address of an
owner of the premises or a person authorized to act on behalf of the
owner as agent, inter alia, for purposes of service of process and
receiving or receipting notices or demands.
(b) The information required to be furnished by this section
must be kept current and this section extends to and is enforceable
against any successor landlord, owner, or manager.
(c) A person authorized to enter in a rental agreement on
behalf of a landlord who fails to comply with subsection (a) with
regard to a rental agreement entered into on behalf of the landlord
becomes an agent of the landlord for purposes of that rental
agreement for:
(1) service of process and receiving and receipting for
notices and demands;
(2) performing the obligations of the landlord under this
chapter and under the rental agreement and expending or making
available for the performance of the obligations all rent collected
from the premises and retained by the person on behalf of the
landlord. Title 27, Chap. 40, §27-40-420
Landlord to deliver possession of dwelling unit.
At the commencement of the term a landlord shall deliver
possession of the premises to the tenant in compliance with the
rental agreement and SECTION 27-40-440. The landlord may bring an
action for possession against any person wrongfully in possession
and may recover the damages provided in SECTION 27-40-760(c).
Title 27, Chap. 40, §27-40-430
Landlord to maintain premises.
(a) A landlord shall:
(1) comply with the requirements of applicable building and
housing codes materially affecting health and safety;
(2) make all repairs and do whatever is reasonably necessary
to put and keep the premises in a fit and habitable condition;
(3) keep all common areas of the premises in a reasonably
safe condition, and, for premises containing more than four dwelling
units, keep in a reasonably clean condition;
(4) make available running water and reasonable amounts of
hot water at all times and reasonable heat except where the building
that includes the dwelling unit is not required by law to be
equipped for that purpose, or the dwelling unit is so constructed
that heat or hot water is generated by an installation within the
exclusive control of the tenant and supplied by a direct public
utility connection;
(5) maintain in reasonably good and safe working order and
condition all electrical, gas, plumbing, sanitary, heating,
ventilating, air conditioning, and other facilities and appliances,
including elevators, supplied or required to be supplied by him.
Appliances present in the dwelling unit are presumed to be supplied
by the landlord unless specifically excluded by the rental
agreement. No appliances or facilities necessary to the provision of
essential services may be excluded.
(b) If the duty imposed by paragraph (1) of subsection (a) is
greater than any duty imposed by any other paragraph of that
subsection, the landlord's duty must be determined by reference to
paragraph (1) of subsection (a).
(c) The landlord and tenant of a single family residence may
agree in writing that the tenant perform the landlord's duties
specified in paragraph (5) of subsection (a) and also specified
repairs, maintenance tasks, alterations, and remodeling, but only if
the transaction is entered into in good faith and not for the
purpose of evading the obligations of the landlord.
(d) The landlord and tenant of any dwelling unit other than a
single family residence may agree that the tenant is to perform
specified repairs, maintenance tasks, alterations, or remodeling
only if:
(1) the agreement of the parties is entered into in good
faith and not for the purpose of evading the obligations of the
landlord;
(2) the work is not necessary to cure noncompliance with
subsection (a)(1) of this section;
(3) the agreement does not diminish or affect the obligations
of the landlord to other tenants in the premises. Title 27,
Chap. 40, §27-40-440
Limitation of liability.
(a) Unless otherwise agreed, a landlord who conveys the premises
that include a dwelling unit subject to a rental agreement in a good
faith sale to a bona fide purchaser is relieved of liability under
the rental agreement and this chapter as to events occurring after
written notice to the tenant of the conveyance. However, he remains
liable to the tenant for security recoverable by the tenant under
SECTION 27-40-410, unless the security deposit is transferred from
the seller to the purchaser and the tenant is notified in writing a
reasonable time after the transaction in which case the purchaser is
liable under SECTION 27-40-410.
(b) Unless otherwise agreed, a manager of the premises that
includes a dwelling unit is relieved of liability under the rental
agreement and this chapter as to events occurring after written
notice to the tenant of the termination of his management. Title 27,
Chap. 40, §27-40-450 ARTICLE 5.
TENANT OBLIGATIONS
Tenant to maintain dwelling unit.
A tenant shall:
(1) comply with all obligations primarily imposed upon
tenants by applicable provisions of building and housing codes
materially affecting health and safety;
(2) keep the dwelling unit and that part of the premises that
he uses reasonably safe and reasonably clean;
(3) dispose from his dwelling unit all ashes, garbage,
rubbish, and other waste in a reasonably clean and safe manner;
(4) keep all plumbing fixtures in the dwelling unit or used
by the tenant reasonably clean;
(5) use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning, and other
facilities and appliances including elevators in the premises;
(6) not deliberately or negligently destroy, deface, damage,
impair, or remove any part of the premises or knowingly permit any
person to do so who is on the premises with the tenant's permission
or who is allowed access to the premises by the tenant;
(7) conduct himself and require other persons on the premises
with the tenant's permission or who are allowed access to the
premises by the tenant to conduct themselves in a manner that will
not disturb other tenant's peaceful enjoyment of the premises;
(8) comply with the lease and rules and regulations which are
enforceable pursuant to SECTION 27-40-520. Title 27, Chap. 40,
§27-40-510
Rules and regulations.
(a) A landlord, from time to time, may adopt rules or
regulations, however described, concerning the tenant's use and
occupancy of the premises. They are enforceable against the tenant
only if:
(1) their purpose is to promote the convenience, safety, or
welfare of the tenants in the premises, preserve the landlord's
property from abusive use, or make a fair distribution of services
and facilities held out for the tenants generally;
(2) they are reasonably related to the purpose for which they
are adopted;
(3) they apply to all tenants in the premises in a fair
manner;
(4) they are sufficiently explicit in their prohibition,
direction, or limitation of the tenant's conduct to fairly inform
him of what he must or must not do to comply;
(5) they are not for the purpose of evading the obligations
of the landlord;
(6) the tenant has notice of them at the time he enters into
the rental agreement, or when they are adopted.
(b) Rules or regulations adopted after a tenant enters into a
rental agreement are not valid as to such tenant if the rules or
regulations substantially modify the tenant's bargain and after
receiving notice upon adoption of his right to object, the tenant
objects in writing to the landlord within thirty days after
promulgation. Title 27, Chap. 40, §27-40-520
Access.
(a) A tenant shall not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the
premises, make necessary or agreed repairs, decorations,
alterations, or improvements, supply necessary or agreed services,
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen, or contractors.
(b) A landlord or his agent may enter the dwelling unit
without consent of the tenant:
(1) At any time in case of emergency - prospective changes in
weather conditions which pose a likelihood of danger to the property
may be considered an emergency;
(2) Between the hours of 9:00 a.m. and 6:00 p.m. for the
purpose of providing regularly scheduled periodic services such as
changing furnace and air-conditioning filters, providing termite,
insect, or pest treatment, and the like, provided that the right to
enter to provide regularly scheduled periodic services is
conspicuously set forth in writing in the rental agreement and that
prior to entering, the landlord announces his intent to enter to
perform services; or
(3) Between the hours of 8:00 a.m. and 8:00 p.m. for the
purpose of providing services requested by the tenant and that prior
to entering, the landlord announces his intent to enter to perform
services.
(c) A landlord shall not abuse the right of access or use it
to harass the tenant. Except in cases under item (b) above, the
landlord shall give the tenant at least twenty-four hours notice of
his intent to enter and may enter only at reasonable times.
(d) A landlord has no other right of access except:
(1) pursuant to court order;
(2) as permitted by SECTIONS 27-40-720 and 27-40-730;
(3) when accompanied by a law enforcement officer at
reasonable times for the purpose of service of process in ejectment
proceedings; or
(4) unless the tenant has abandoned or surrendered the
premises.
(e) A tenant shall not change locks on the dwelling unit
without the permission of the landlord. Title 27, Chap. 40, §27-40-530
Tenant to use and occupy.
Unless otherwise agreed, a tenant shall occupy his dwelling unit
only as a dwelling unit and shall not conduct or permit any illegal
activities thereon. Title 27, Chap. 40, §27-40-540
ARTICLE 7.
REMEDIES
SUBARTICLE I.
TENANT REMEDIES
Noncompliance by landlord in general.
(a) Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a
noncompliance with SECTION 27-40-440 materially affecting health and
safety or the physical condition of the property, the tenant may
deliver a written notice to the landlord specifying the acts and
omissions constituting the breach and that the rental agreement will
terminate upon a date not less than fourteen days after receipt of
the notice if the breach is not remedied within fourteen days. The
rental agreement shall terminate as provided in the notice except
that:
(1) The rental agreement shall not terminate by reason of the
breach:
(i) if the breach is remedial by repairs or otherwise and the
landlord adequately remedies the breach before the date specified in
the notice; or
(ii) if such remedy for a breach not affecting health and
safety cannot be remedied within fourteen days, but is commenced
within the fourteen-day period and is pursued in good faith to
completion within a reasonable time.
(2) The tenant may not terminate for a condition caused by
the deliberate or negligent act or omission of the tenant, a member
of his family, or other person on the premises with the tenant's
permission or who is allowed access to the premises by the tenant.
(b) Except as provided in this chapter, the tenant may
recover actual damages and obtain injunctive relief in a
magistrate's or circuit court, without posting bond, for any
noncompliance by the landlord with the rental agreement or SECTION
27-40-440. If the landlord's noncompliance is wilful, the tenant may
recover reasonable attorney's fees.
(c) If the rental agreement is terminated, the landlord shall
return security recoverable by the tenant under SECTION 27-40-410.
If the landlord's noncompliance is wilful, the tenant may recover
reasonable attorney's fees. Title 27, Chap. 40, §27-40-610
Failure to deliver possession.
(a) If the landlord fails to deliver possession of the dwelling
unit to the tenant as provided in SECTION 27-40-430, rent abates
until possession is delivered and the tenant may:
(1) terminate the rental agreement upon at least five days'
written notice to the landlord and upon termination the landlord
shall return all prepaid rent and security; or
(2) demand performance of the rental agreement by the
landlord and, if the tenant elects, maintain an action for
possession of the dwelling unit against the landlord or any person
wrongfully in possession and recover the actual damages sustained by
him. Where the landlord is unable to deliver possession due to a
previous tenant remaining in possession without the landlord's
consent, after the expiration of the term of their rental agreement
or its termination, the landlord is not liable for damages pursuant
to this subsection, if the landlord made reasonable efforts to
obtain possession of the premises.
(b) If a person's failure to deliver possession is wilful and
not in good faith, an aggrieved person may recover from that person
an amount not more than three months' periodic rent or twice the
actual damages sustained, whichever is greater, and reasonable
attorney's fees. Title 27, Chap. 40, §27-40-620
Wrongful failure to provide essential services.
(a) If the landlord is negligent or wilful in failing to provide
essential services as required by the rental agreement or SECTION
27-40-440, the tenant may give written notice to the landlord
specifying the breach and may:
(1) procure reasonable amounts of the required essential
services during the period of the landlord's noncompliance and
deduct their actual and reasonable cost from the rent; or
(2) recover damages based upon the diminution in the
fair-market rental value of the dwelling unit and reasonable
attorney's fees.
(b) If the tenant proceeds under this section, he may not
proceed under SECTION 27-40-610 as to that breach.
(c) Under no circumstances should this section be interpreted
to authorize the tenant to make repairs on the rental property and
deduct the cost of the repairs from rent. In the event that the
tenant unlawfully acts without the landlord's consent and authorizes
repairs, any mechanic's lien arising therefrom shall be
unenforceable.
(d) Rights of the tenant under this section do not arise
until he has given notice to the landlord and the landlord fails to
act within a reasonable time or if the condition was caused by the
deliberate or negligent act or omission of the tenant, a member of
his family, or other person on the premises with the tenant's
permission or who is allowed access to the premises by the tenant.
Title 27, Chap. 40, §27-40-630
Landlord's noncompliance as defense to action for
possession or rent.
(a) In an action for possession based upon nonpayment of the
rent or in an action for rent concerning a period when the tenant is
in possession, the tenant may rely on the rental agreement or the
provisions of this chapter to assert defenses and to counterclaim
for any amount recoverable thereunder. If the defense or
counterclaim by the tenant is without merit and is not raised in
good faith, the landlord may recover, in addition to actual damages,
reasonable attorney's fees.
(b) Notwithstanding the provisions of subsection (a), a
tenant is considered to have waived violation of a landlord's duty
to maintain the premises as set forth by the rental agreement or
violation of the landlord's duties under SECTION 27-40-440 as a
defense in an action for possession based upon nonpayment of rent or
in an action for rent concerning a period where:
(1) the landlord has no notice of the violation of the duties
fourteen days before rent is due for violations of SECTION 27-40-440
involving services other than essential services; or
(2) the landlord has no notice before rent is due which
provides a reasonable opportunity to make emergency repairs
necessary for the provision of essential services.
(c) In an action for rent concerning a period when the tenant
is not in possession, he may assert defenses and counterclaims as
provided in subsection (a) but is not required to pay any rent as
required by SECTION 27-40-790. Title 27, Chap. 40, §27-40-640
Fire or casualty damage.
(a) If the dwelling unit or premises are damaged or destroyed by
fire or casualty to the extent that normal use and occupancy of the
dwelling unit is substantially impaired, the tenant may:
(1) immediately vacate the premises and notify the landlord
in writing within seven days thereafter of his intention to
terminate the rental agreement, in which case the rental agreement
terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate any part of the
dwelling unit rendered unusable by the fire or casualty, in which
case the tenant's liability for rent is reduced in proportion to the
diminution in the fair-market rental value of the dwelling unit.
(b) Unless the fire or casualty was due to the tenant's
negligence or otherwise caused by the tenant, if the rental
agreement is terminated, the landlord shall return security
recoverable under Section 27-40-410 and all prepaid rent. Accounting
for rent in the event of termination or apportionment must be made
as of the date of the fire or casualty. A landlord may withhold the
tenant's security deposit or prepaid rent if the fire or casualty
was due to the tenant's negligence or otherwise caused by the
tenant; however, if the landlord withholds a security deposit or
prepaid rent, he must comply with the notice requirement in Section
27-40-410(a). Title 27, Chap. 40, §27-40-650
Tenant's remedies for landlord's unlawful ouster or
exclusion.
If a landlord unlawfully removes or excludes the tenant from the
premises, or wilfully diminishes services to tenant by interrupting
or causing interruption of essential services, the tenant may
recover possession or terminate the rental agreement and, in either
case, recover an amount equal to three months' periodic rent or
twice the actual damages sustained by him, whichever is greater, and
reasonable attorney's fees. If the rental agreement is terminated
the landlord shall return security recoverable under SECTION
27-40-410. Title 27, Chap. 40, §27-40-660
LANDLORD REMEDIES
Noncompliance with rental agreement; failure to pay rent;
removal of evicted tenant's personal property.
(A) Except as provided in this chapter, if there is a
noncompliance by the tenant with the rental agreement other than
nonpayment of rent or a noncompliance with Section 27-40-510
materially affecting health and safety or the physical condition of
the property, or Section 27-40-540, the landlord may deliver a
written notice to the tenant specifying the acts and omissions
constituting the breach and that the rental agreement will terminate
upon a date not less than fourteen days after receipt of the notice,
if the breach is not remedied in fourteen days. The rental agreement
terminates as provided in the notice except that:
(1) if the breach is remediable by repairs or otherwise and
the tenant adequately remedies the breach before the date specified
in the notice, or
(2) if the remedy cannot be completed within fourteen days,
but is commenced within the fourteen-day period and is pursued in
good faith to completion within a reasonable time, the rental
agreement may not terminate by reason of the breach.
(B) If rent is unpaid when due and the tenant fails to pay
rent within five days from the date due or the tenant is in
violation of Section 27-40-540, the landlord may terminate the
rental agreement provided the landlord has given the tenant written
notice of nonpayment and his intention to terminate the rental
agreement if the rent is not paid within that period. The landlord's
obligation to provide notice under this section is satisfied for any
lease term after the landlord has given one such notice to the
tenant or if the notice is contained in conspicuous language in a
written rental agreement. The written notice requirement upon the
landlord under this subsection shall be considered to have been
complied with if the rental agreement contains the following or a
substantially equivalent provision:
"IF YOU DO NOT PAY YOUR RENT ON TIME
This is your notice. If you do not pay your rent within five
days of the due date, the landlord can start to have you evicted.
You will get no other notice as long as you live in this rental
unit."
The presence of this provision in the rental agreement fully
satisfies the "written notice" requirement under this
subsection and applies to a month-to-month tenancy following the
specified lease term in the original rental agreement. If the rental
agreement contains the provision set forth in this subsection, the
landlord is not required to furnish any separate or additional
written notice to the tenant in order to commence eviction
proceedings for nonpayment of rent even after the original term of
the rental agreement has expired.
(C) Except as provided in this chapter, the landlord may
recover actual damages and obtain injunctive relief, judgments, or
evictions in magistrate's or circuit court without posting bond for
any noncompliance by the tenant with the rental agreement or Section
27-40-510. A real estate broker-in-charge licensed in this State or
a licensed property manager, in the conduct of his licensed business
may, either in person or through one or more regular employees,
complete a form writ of eviction and present facts to judicial
officers on behalf of his landlord/principal in support of an action
for eviction and/or distress and/or abandonment for which no
separate charge is made for this service. If the tenant's
noncompliance is wilful other than nonpayment of rent, the landlord
may recover reasonable attorney's fees, provided the landlord is
represented by an attorney. If the tenant's nonpayment of rent is
not in good faith, the landlord is entitled to reasonable attorney's
fees, provided the landlord is represented by an attorney.
(D) Personal property belonging to a tenant removed from a
premises as a result of an eviction proceeding under this chapter
which is placed on a public street or highway shall be removed by
the appropriate municipal or county officials after a period of
forty-eight hours, excluding Saturdays, Sundays, and holidays, and
may also be removed by these officials in the normal course of
debris or trash collection before or after a period of forty-eight
hours. If the premises is located in a municipality or county that
does not collect trash or debris from the public highways, then
after a period of forty-eight hours, the landlord may remove the
personal property from the premises and dispose of it in the manner
that trash or debris is normally disposed of in such municipalities
or counties. The notice of eviction must clearly inform the tenant
of the provisions of this section. The municipality or county and
the appropriate officials or employees thereof have no liability in
regard to the tenant if he is not informed in the notice of eviction
of the provisions of this section. Title 27, Chap. 40, §27-40-710
Noncompliance affecting health and safety.
(a) If there is noncompliance by the tenant with Section
27-40-510 materially affecting health and safety that can be
remedied by repair, replacement of a damaged item, or cleaning, and
the tenant fails to comply as promptly as conditions require in case
of emergency or within fourteen days after written notice by the
landlord specifying the breach and requesting that the tenant remedy
it within that period of time, the landlord may enter the dwelling
unit and cause the work to be done in a workmanlike manner and the
tenant shall reimburse the landlord for the cost and, in addition,
the landlord shall have the remedies available under this chapter.
(b) If there is noncompliance by the tenant with SECTION
27-40-510 materially affecting health and safety other than as set
forth in subsection (a) above, and the tenant fails to comply as
promptly as conditions require in case of emergency, or within
fourteen days after written notice by the landlord if it is not an
emergency, specifying the breach and requesting that the tenant
remedy within that period of time, the landlord may terminate the
rental agreement. Title 27, Chap. 40, §27-40-720
Remedies for absence, nonuse, and abandonment.
(a) The unexplained absence of a tenant from a dwelling unit for
a period of fifteen days after default in the payment of rent must
be construed as abandonment of the dwelling unit.
(b) If the tenant has voluntarily terminated the utilities
and there is an unexplained absence of a tenant after default in
payment of rent, abandonment is considered immediate and the fifteen
day rule as described in (a) does not apply.
(c) If the tenant abandons the dwelling unit, the landlord
shall make reasonable efforts to rent it at a fair rental. If the
landlord rents the dwelling unit for a term beginning before the
expiration of the rental agreement, it terminates as of the date of
the new tenancy, subject to the landlord's remedies under Section
27-40-740. If the landlord fails to use reasonable efforts to rent
the dwelling unit at a fair rental or if the landlord accepts the
abandonment as a surrender, the rental agreement is considered to be
terminated by the landlord as of the date the landlord has notice of
the abandonment. If the tenancy is from month to month or week to
week, the term of the rental agreement for this purpose is
considered to be a month or a week, as the case may be.
(d) When a dwelling unit has been abandoned or the rental
agreement has come to an end and the tenant has removed a
substantial portion of his property or voluntarily and permanently
terminated his utilities and has left personal property in the
dwelling unit or on the premises with a fair-market value of five
hundred dollars or less, the landlord may enter the dwelling unit,
using forcible entry if required, and dispose of the property.
(e) When a dwelling unit has been abandoned or the rental
agreement has come to an end and the tenant has left personal
property in the dwelling unit or on the premises in the cases not
covered by subsection (d) above, the landlord may have the property
removed only pursuant to the provisions of Sections 27-37-10 to
27-37-150 of the 1976 Code.
(f) Where property is disposed of by the landlord pursuant to
subsection (d) and the property was in excess of five hundred
dollars, the landlord is not liable unless the landlord was grossly
negligent. Title 27, Chap. 40, §27-40-730.
SECTION 27-40-735. [1992 Act No. 405, SECTION 3] Repealed by
1999 Act No. 59,
SECTION 2, eff June 11, 1999.
Former SECTION 27-40-735 was entitled: Removal from street
of property of evicted tenant; no municipal or county liability for
failure of eviction notice to inform tenant thereof.
Landlord's lien; distress proceeding.
(a) A contractual lien or contractual security interest on
behalf of the landlord in the tenant's household goods is not
enforceable unless perfected before the effective date of this
chapter.
(b) A landlord may enforce collection of rent by distress
only pursuant to Chapter 39, Title 27; however, the tenant may raise
defenses to the issuance of a distress warrant pursuant to the
provisions of this chapter or the rental agreement and may take
advantage of the property exemptions found in SECTION 15-41-200.
Title 27, Chap. 40, §27-40-740
Remedy after termination.
If the rental agreement is terminated, the landlord has a right
to possession and for rent and a separate claim for actual damages
for breach of the rental agreement and reasonable attorney's fees.
Title 27, Chap. 40, §27-40-750
Recovery of possession limited.
A landlord may not recover or take possession of the dwelling
unit by action or otherwise, including wilful diminution of required
essential services to the tenant by interrupting or causing the
interruption of services, except in case of abandonment, surrender,
termination, or as permitted in this chapter. Title 27, Chap. 40, §27-40-760
Periodic tenancy; holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week
tenancy by a written notice given to the other at least seven days
before the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month
tenancy by a written notice given to the other at least thirty days
before the termination date specified in the notice.
(c) If the tenant remains in possession without the
landlord's consent after expiration of the term of the rental
agreement or its termination, the landlord may bring an action for
possession. If the holdover is not in good faith, the landlord may
recover reasonable attorney's fees. If the tenant's holdover is a
wilful violation of the provisions of this chapter or the rental
agreement, the landlord may also recover an amount not more than
three months periodic rent or twice the actual damages sustained by
him, whichever is greater and reasonable attorney's fees. If the
landlord consents to the tenant's continued occupancy, SECTION
27-40-310(d) applies. Title 27, Chap. 40, §27-40-770
Landlord and tenant remedies for abuse of access.
(a) If the tenant refuses to allow lawful access, the landlord
may obtain injunctive relief in magistrates' or circuit court
without posting bond to compel access, or terminate the rental
agreement. In either case the landlord may recover actual damages
and reasonable attorney's fees.
(b) If the landlord knowingly makes an unlawful entry or
repeated lawful entry in an unreasonable manner or makes repeated
demands for entry otherwise lawful but which have the effect of
unreasonably harassing the tenant, the tenant may obtain injunctive
relief in magistrates' or circuit court without posting bond to
prevent the recurrence of the conduct or terminate the rental
agreement. In either case the tenant may recover actual damages and
reasonable attorney's fees. Title 27, Chap. 40, §27-40-780
Payment of rent into court.
In any action where the landlord sues for possession and the
tenant raises defenses or counterclaims pursuant to this chapter or
the rental agreement:
(a) The tenant is required to pay the landlord all rent which
becomes due after the issuance of a written rule requiring the
tenant to vacate or show cause as rent becomes due and the landlord
is required to provide the tenant with a written receipt for each
payment except when the tenant pays by check. If the landlord and
tenant disagree as to the amount of rent or the time of payments
thereof, the court shall hold a hearing as soon as feasible after
the issues have been joined, and preliminarily determine the matter.
In the event that the basis for the disagreement of the amount of
rent due is the landlord's alleged violation of the rental agreement
or the provisions of this chapter, the rent to be paid must be the
fair-market rental value of the premises at the time of the hearing.
Rent must not be abated for a condition caused by the deliberate or
negligent act or omission of the tenant, a member of his family, or
other person on the premises with his permission or who is allowed
access to the premises by the tenant.
(b) The tenant is required to pay the landlord all rent
allegedly owed prior to the issuance of the rule, provided, however,
that in lieu of the payment the tenant may be allowed to submit to
the court a receipt and cancelled check, or both, indicating that
payment has been made to the landlord. In the event that the
amount of rent is in controversy, the court shall determine the
amount of rent to be paid to the landlord in the same manner as in
subsection (a) or (b) of this section.
(c) Should the tenant not appear and show cause within ten
days, the court shall issue a warrant of ejectment pursuant to
SECTION 27-37-40 of the 1976 Code. Should the tenant appear in
response to the rule and allege that rent due under subsections (a)
or (b) has been paid, the court shall determine the issue. If the
tenant has failed to comply with subsections (a) or (b), the court
shall issue a warrant of ejectment and the landlord must be placed
in full possession of the premises by the sheriff, deputy, or
constable.
(d) If the amount of rent due is determined at final
adjudication to be less than alleged by the landlord, decision must
be entered for the tenant if he has complied fully with the
provisions of this section. Title 27, Chap. 40, §27-40-790
Undertaking on appeal and order staying execution.
(a) Upon appeal to the circuit court, the case must be heard, in
a manner consistent with other appeals from magistrates' court, as
soon as is feasible after the appeal is docketed.
(b) It is sufficient to stay execution of a judgment for
ejectment that the tenant sign an undertaking that he will pay to
the landlord the amount of rent, determined by the magistrate in
accordance with SECTION 27-40-780, as it becomes due periodically
after the judgment was entered. Any magistrate, clerk, or circuit
court judge shall order a stay of execution upon the undertaking.
(c) The undertaking by the tenant and the order staying
execution may be substantially in the following form:
State of South Carolina
County of __________
____________________ Landlord
vs.
____________________ Tenant
Bond to Stay
Execution on Appeal
to Circuit Court
Now comes the tenant in the above entitled action and
respectfully shows the court that a judgment of ejectment was issued
against the tenant and for the landlord on the ___ day of
__________, 19_, by the magistrate. Tenant has appealed the judgment
to the circuit court.
Pursuant to the findings of the magistrate, the tenant is
obligated to pay rent in the amount of $_____ per _____, due on the
___ day of each __________.
Tenant hereby undertakes to pay the periodic rent hereinafter
due according to the aforesaid findings of the court and moves the
circuit court to stay execution on the judgment for ejectment until
this matter is heard on appeal and decided by the circuit court.
This the __________ day of __________, 19___
___
Tenant
Upon execution of the above bond, execution on the judgment
of ejectment is hereby stayed until the action is heard on appeal
and decided by the circuit court. If tenant fails to make any rental
payment within five days of the due date, upon application of the
landlord, the stay of execution shall dissolve, the appeal by
the tenant to the circuit court on issues dealing with possession
must be dismissed and the sheriff may dispossess the tenant.
This the __________ day of __________, 19___
___
Judge
(d) If either party disputes the amount of the payment or the
due date in the undertaking, the aggrieved party may move for
modification of the terms of the undertaking before the circuit
court. Upon the motion and upon notice to all interested parties,
the court shall hold a hearing as soon as is feasible after the
filing of the motion and determine what modifications, if any, are
appropriate. No judgment for ejectment may be executed pending a
hearing on the motion, provided the tenant complied with the terms
of the undertaking.
(e) If the tenant fails to make a payment within five days of
the due date according to the undertaking and order staying
execution, the clerk, upon application of the landlord, shall issue
a warrant of ejectment to be executed pursuant to SECTION 27-37-40
of the 1976 Code.
(f)(1) Upon appeal to the Supreme Court or to the court of
appeals, it is sufficient to stay execution of a judgment for
ejectment that the tenant sign an undertaking that he will pay to
the landlord the amount of rent, determined by order of the judge of
the circuit court, as it becomes due periodically after judgment was
entered. The judge of the court having jurisdiction shall order stay
of execution upon the undertaking.
(2) The tenant's failure to comply with the terms of the
undertaking entitles the landlord to execution of the judgment for
possession in accordance with the provisions of subsection (e) of
this section. Title 27, Chap. 40, §27-40-800
ARTICLE 9.
RETALIATORY CONDUCT PROHIBITED; MISCELLANEOUS
Retaliatory conduct prohibited.
(a) Except as provided in this section, a landlord shall not
retaliate by increasing rent to an amount in excess of fair-market
value or decreasing essential services or by bringing an action for
possession after:
(1) the tenant has complained to a governmental agency
charged with responsibility for enforcement of a building or housing
code of a violation applicable to the premises materially affecting
health and safety; or
(2) the tenant has complained to the landlord of a violation
of this chapter.
(b) If the landlord acts in violation of subsection (a), the
tenant is entitled to the remedies provided in SECTION 27-40-660 as
a defense in any retaliatory action against him for possession. If
the defense by the tenant is without merit, the landlord is entitled
to reasonable attorney's fees. If the defense is raised in bad
faith, the landlord may recover up to three month's periodic rent or
treble the actual damages, whichever is greater. If the landlord
recovers damages under this section, he may not also recover damages
under SECTION 27-40-760.
(c) Notwithstanding subsections (a) and (b), a landlord may
bring an action for possession if:
(1) the violation of the applicable building or housing code
was caused primarily by lack of reasonable care by the tenant, a
member of his family, or other person on the premises with his
permission or who is allowed access to the premises by the tenant,
or
(2) there is material noncompliance by the tenant under
SECTION 27-40-710 or SECTION 27-40-720; or
(3) compliance with the applicable building or housing code
requires alteration, remodeling, or demolition which would
effectively deprive the tenant of use of the dwelling unit.
(d) The maintenance of an action under subsection (c) does
not release the landlord from liability under subsection (b) of
SECTION 27-40-610.
(e) Notwithstanding the provisions of subsection (a) a
landlord who rents more than four adjoining dwelling units on the
premises may increase rent without there being a presumption of
retaliation, provided that the increase applies uniformly to all
tenants, or so long as the rent does not exceed the fair-market
value.
(f) In an action for possession where the tenant intends to
raise a defense under this section, the tenant must notify the
landlord in writing within ten days after service of the Rule to
Vacate or Show Cause of his intent to do so. After the tenant has
filed an Answer to the Rule, the court shall hear the matter as
promptly as is feasible.
(g) If the landlord retaliates against the tenant for
engaging in conduct protected under section (a) by refusing to renew
the lease, and if the tenant is not in default as to payment of
rent, the landlord may not recover possession of the dwelling unit
for seventy-five days and may not increase rent to an amount in
excess of fair-market value or decrease essential services pending
the recovery of the dwelling unit, provided that the tenant proves
the landlord's violation of this chapter, the landlord had notice of
such violation, and the landlord had notice of the tenant's
complaint prior to expiration of the lease.
(h) Any landlord who acts in retaliation against the tenant
for engaging in protected conduct is liable for damages up to three
month's rent or treble the actual damages sustained by the tenant,
whichever is greater, and reasonable attorney's fees. Nothing in
this section may be construed to prohibit an action for damages
after a landlord has recovered possession of the dwelling unit in
subsection (c), provided the ejectment was primarily in retaliation
against the tenant's protected conduct. Title 27, Chap. 40, §27-40-910
Conflict with Title 27.
Chapter 35, Title 27, Chapter 37, Title 27, and Article 3,
Chapter 39, Title 27, of the 1976 Code are not applicable to the
leasing or renting or to leases or rental agreements concerning any
real property insofar as they are inconsistent with the provisions
of this chapter, including the rights and remedies of landlords and
tenants thereto. Title 27, Chap. 40, §27-40-920
Severability.
If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the invalidity does not
affect other provisions or application of this chapter which can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable. Title 27,
Chap. 40, §27-40-930
Prior transactions.
Transactions entered into before the effective date of this
chapter, and not extended or renewed on or after that date, and the
rights, duties, and interests flowing from them remain valid and may
be terminated, completed, consummated, or enforced as required or
permitted by any statute or other law amended or repealed by this
chapter as though the repeal or amendment had not occurred.
Title 27, Chap. 40, §27-40-940
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