Charleston's Rental Property Rules: The Rules That Matter

Every city handles rental property rules a little differently. In Charleston, South Carolina, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Security Deposit Rules

South Carolina URLTA requires landlords to return a tenant's security deposit, less itemized lawful deductions, within thirty days after termination of tenancy, with the tenant's forwarding address triggering the deadline statewide.

Key details: Statute: SC §27-40-410. Return window: 30 days. Itemization: Written required. Penalty: Up to 3x damages.

Wrongful withholding triggers up to triple-damages on the disputed portion plus tenant's attorney's fees under SC §27-40-410, recoverable in magistrate court.

Section 8 Voucher Acceptance

The Housing Authority of the City of Charleston administers federal Housing Choice Vouchers locally, but landlord participation is voluntary because South Carolina lacks source-of-income protection, leaving voucher holders to negotiate acceptance individually.

Key details: Administrator: HACC. Landlord participation: Voluntary. Contract: HAP. Inspection: HACC HQS.

HACC may terminate vouchers for tenant lease violations after due-process hearings; landlords leaving the program after signing HAP contracts must follow contract-termination procedures.

Rent Control

South Carolina Code Section 27-37A preempts municipalities from enacting rent control on private residential properties, leaving Charleston unable to cap rent increases regardless of local affordability pressures or tourism-driven displacement.

Key details: Statute: SC §27-37A. Preempted: Statewide since 2007. Exception: Subsidized housing. Enforcement: AG injunction.

Any local rent-control ordinance is void on adoption; the state Attorney General may sue to enjoin enforcement and recover state attorney's fees from the locality.

If you are coming from a city with tighter rules, you will find Charleston gives residents more flexibility on rent control.

Just Cause Eviction

Charleston has no just-cause eviction ordinance because South Carolina's Residential Landlord and Tenant Act sets uniform statewide grounds, leaving landlords free to non-renew month-to-month tenancies with thirty days written notice for any non-discriminatory reason.

Key details: Notice: 30 days month-to-month. Statute: SC URLTA §27-40. Just cause: Not required. Court: Magistrate.

Retaliatory or discriminatory evictions expose landlords to actual damages, three-month rent penalty, and attorney's fees under SC §27-40-910 and the Fair Housing Act.

If you are coming from a city with tighter rules, you will find Charleston gives residents more flexibility on just cause eviction.

Rental Registration

Charleston requires every residential landlord earning rental income within city limits to obtain an annual business license under Chapter 8 of the Code, with gross-receipts-based fees due each April for the prior calendar year.

Key details: Code: Charleston Ch. 8. Renewal: April 30 annually. Class: Rate Class 4. STR overlap: Separate permit.

Operating without a business license carries penalties up to $1,087 plus 5% per-month delinquency fees and back-license assessment for prior unlicensed years.

Source-of-Income Discrimination

South Carolina law does not prohibit landlords from refusing Section 8 vouchers or other lawful income sources, and Charleston has no local source-of-income ordinance, so housing-choice voucher holders frequently face advertised refusals.

Key details: Local protection: None. Federal FHA: Not covered. SC Human Affairs: Not covered. Workaround: Disparate impact.

No state or local penalty for source-of-income refusal exists; tenants must pursue federal disparate-impact claims through HUD or DOJ for enforcement.

If you are coming from a city with tighter rules, you will find Charleston gives residents more flexibility on source-of-income discrimination.

The Bottom Line

Compared to many U.S. cities, Charleston gives residents more room on rental property rules. 3 of the 6 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Charleston's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.