Episode 194: Location-Specific Tenancy Guidance for South Carolina
Summary
Today’s location-specific episode features South Carolina. We explore the overview of the housing guiding document called South Carolina Residential Landlord and Tenant Act. Each of my location-specific podcasts is set up the same way answering the same four questions:
1) What are the basics of the South Carolina Residential Landlord and Tenant Act
2) What are the nuances of this location – what is different that stands out?
3) Some guidance about abandoned items left behind by a tenant in a rental in South Carolina
4) Where to get help in your local area in South Carolina.
Then I’ll go through what I call my “Bingo Card” of standard items I see most often in tenancy laws in different locations. This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today’s episode will get you started!
This episode includes resources for South Carolina including:
Code of Laws - Title 27 - Chapter 35- - PROPERTY AND CONVEYANCES
Code of Laws - Title 27 - Chapter 18- - PROPERTY AND CONVEYANCES - Abandoned Property
Listen to the full episode :
This Week’s Blog Post:
Welcome to My Life As A Landlord, where we educate curious US and Canadian landlords, answer rental questions, and clear up confusions about all things housing. I'm your host, Doctor Jennifer Salisbury, and we are exploring the location specific episode for South Carolina, the Palmetto State.
The Four Questions We Always Answer
Each of my location specific podcast is set up in the exact same way, answering the same four questions. What are the basics of that location? What are the nuances of that location? What are the weird things? And then what about abandoned items? When a tenant leaves that location, abandoned items, abandoned property? And then last but not least is where to get help in that in the local area. Some different resources to get you started as a landlord. At the very end of the episode, I'll go through what I call my bingo card, which is my list of the most standard items that I see when I do this type of episode. And I'll review what's there, what's not there, what's weird. I must tell you that there are more guiding documents. There may be more resources than what I'm giving you here. So this is not everything. You need to do your own research for your own local geographic area on where your rentals may be in South Carolina. Weird things like you may need to register your rental. You may need to do additional licensing. There's all kinds of things that may not apply here, but very well may apply to you. This episode will at least get you started.
Written Leases, Security Deposits, and Late Fees
A written lease in South Carolina is not required, but it's smart to have. If you've been listening to this show you know that I think that everything should be written down. If it's not in writing, it didn't happen. So anything says tenancies created by oral agreement, okay, that's by law. But by best practice, don't do that. What's the security deposit? It's the tenant's money or property held by the landlord in case there are damages to the unit or if the tenant doesn't pay the rent, money or property. I've never seen that before, property for security deposit. The landlord has 30 days after you move out or after you ask for it back, whichever is later. When can the landlord keep my security deposit? Your landlord must give you an itemized list for any amounts deducted from your security deposit. This includes accrued rent or damages to the unit. If I don't pay the rent, what can the landlord do? He or she must send you a written demand, giving you five days to pay the overdue rent. If the rent is not paid within these five days, the landlord can go to the magistrate and bring a case against you. If you are a landlord in South Carolina and you have in your lease in big print that no additional notice will be given beyond notice in the lease, then no additional notice is required. But you got your five days grace period.
Landlord Duties and Tenant Responsibilities
What are the landlord's duties? The landlord cannot interfere with your use of the property. Landlord must make all repairs and keep the unit in a livable condition. And if you live in an apartment building, the landlord also has to keep all common areas like stairs, hallways, yards, and the parking lot in safe condition. Can the landlord refuse to make repairs if I'm late or behind in paying rent? No. The landlord has to keep the unit in habitability. The landlord must make heat, hot running hot and cold water available and must keep the electrical plugs, plumbing, ventilation, appliances in safe working order. Appliances located in the unit are presumed to be supplied by the landlord, unless the rental agreement says otherwise. What are the responsibilities as a tenant? Pay rent on the date that it's due. Do not harm the landlord's property or disturb other tenants. Do your part to keep the unit safe and clean. Be responsible for your guests action. Prohibited conduct by landlord includes they cannot abuse their right to access the premises, they cannot shut off certain essential services, they cannot improperly exclude the tenant from the unit, and they cannot engage in retaliatory conduct for a tenant's complaint.
Abandonment, Entry Rights, and Evictions
When a tenant abandons premises, the landlord may enter and take possession thereof. Abandonment is defined as absence from the property for 15 days after default in payment shall be construed as abandonment. If there's an unexplained absence by the tenant for 15 days after a failure to pay the rent, or if the tenant has voluntarily terminated the utilities and there's an unexplained absence to failure to pay the rent, abandonment is considered immediate. If abandonment, the tenant leaves the property less than $500 in value, then the landlord can enter the unit and dispose of the property. If abandonment, the tenant leaves more than $500 worth of property in the unit, the landlord must deal with the property through the ejectment procedure. Proper notice in South Carolina is landlord must give 24 hours notice and can only enter at a reasonable time. What are regular working hours? Between 9 a.m. and 6 p.m. for regularly scheduled services. Lease termination by landlord through normal ending of lease requires written notice of the termination at least one term's notice. So if it's week to week, it's one weeks notice, if it's month to month or for one year it's one month notice.
Resources and Getting Help in South Carolina
There is no rent control in South Carolina unless you live in housing where your rent is based on your income. South Carolina does have a state fair housing law, and there is more information at the South Carolina Appleseed Legal Justice Center in Columbia, South Carolina. If you want to give them a call, you certainly can at (803) 779-1113. This is the South Carolina bar, and this is talking about lawyer referral service. If you are having a question, you've got a concern, you've got an issue going on, you can look for legal help, free legal answers. Each participating lawyer agrees to charge no more than $50 for a 30 minute consultation. If you are a landlord in South Carolina, you have a question, go to SC bar and at least do a consultation. It can't hurt you. 50 bucks, it might be money well spent. There are plenty of resources including South Carolina Legal Services, the South Carolina bar, and multiple other organizations ready to help. Real estate takes you places. Where do you want real estate to take you?