South Carolina Statewide Rule
South Carolina Landlord Entry Notice Rules
Key Facts
- Required notice
- At least 24 hours (§ 27-40-530)
- Timing
- Reasonable times only
- Emergency entry
- Allowed without notice
- Tenant duty
- May not unreasonably withhold consent
- Scheduled-service hours
- 9 a.m.–6 p.m.
Summary
Under S.C. Code § 27-40-530, a landlord must give the tenant at least 24 hours' notice before entering the unit and may enter only at reasonable times, except in an emergency. The tenant in turn may not unreasonably withhold consent to legitimate entry for repairs, inspections, or showings.
SECTION 27-40-530. 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.
Full Breakdown
S.C. Code § 27-40-530 lets a landlord enter to inspect, make repairs, supply services, or show the unit, but the landlord "shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times." Entry without notice is allowed only in an emergency. For regularly scheduled services the statute contemplates entry between 9:00 a.m. and 6:00 p.m., and for tenant-requested services between 8:00 a.m. and 8:00 p.m. The tenant "shall not unreasonably withhold consent" to entry for these lawful purposes. A landlord who makes unlawful or repeated demands for entry, or enters to harass, gives the tenant grounds to seek an injunction or terminate, and a tenant who wrongfully denies access faces similar remedies.
Violations & Penalties
A tenant may obtain injunctive relief, recover actual damages, and terminate the lease for a landlord's unlawful entry or repeated harassing entry demands under § 27-40-530; a landlord has parallel remedies if the tenant unreasonably refuses lawful entry.
Frequently Asked Questions
How much notice must a South Carolina landlord give before entering?
Can a South Carolina tenant refuse the landlord entry?
Sources
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