South Carolina Statewide Rule
South Carolina Habitability and Repair Standards
Key Facts
- Core duty
- Keep premises fit and habitable (§ 27-40-440)
- Code compliance
- Building and housing codes required
- Cure period
- 14 days after written notice (§ 27-40-610)
- Repair-and-deduct cap
- $500 or one month's rent (§ 27-40-630)
- Remedy
- Terminate, damages, attorney's fees
Summary
Under S.C. Code § 27-40-440, landlords must comply with building and housing codes, keep the premises fit and habitable, and maintain electrical, plumbing, heating, and other systems. If the landlord fails to repair, the tenant may, under § 27-40-630, do limited repair-and-deduct work capped at $500 or one month's rent.
SECTION 27-40-610. 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.
Full Breakdown
S.C. Code § 27-40-440 requires the landlord to comply with building and housing codes, "make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition," keep common areas safe, and maintain electrical, gas, plumbing, heating, and air-conditioning facilities in good working order. If the landlord fails to maintain the unit, the tenant may give written notice under § 27-40-610 and terminate if the breach is not cured in 14 days. For minor defects, § 27-40-630 permits a tenant, after written notice and a 14-day wait, to have the work done and deduct the actual and reasonable cost, but only up to $500 or one month's periodic rent, with statutory limits on how repair-and-deduct relief may be used.
Violations & Penalties
A tenant may terminate the lease, recover actual damages, and obtain attorney's fees for a willful landlord breach under § 27-40-610, or use the limited repair-and-deduct remedy under § 27-40-630. There is no fixed statutory fine; relief is through civil action.
Frequently Asked Questions
Can a South Carolina tenant repair and deduct from rent?
What must a South Carolina landlord repair?
Sources
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