✓ Law Verified June 2026
This guide explains your rights when your South Carolina landlord will not make repairs — what they must provide, how much notice to give, and your options including repair-and-deduct and rent withholding. All figures are from South Carolina law, verified as of June 2026.
In This South Carolina Guide:
South Carolina Repair & Habitability Rules at a Glance
| Warranty of habitability | YES — South Carolina recognizes an implied warranty of habitability under SC Code Section 27-40-440 of the Residential Landlord and Tenant Act. A landlord must make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition, regardless of what the lease says and even if the lease attempts to waive this obligation. |
| Notice to landlord required | 14 — Under Section 27-40-610, the tenant must deliver written notice to the landlord specifying the acts or omissions constituting the breach. If the landlord does not remedy the breach within 14 days of receiving the notice, the tenant may terminate the rental agreement. For emergencies involving essential services, shorter timelines may apply under Section 27-40-630. |
| Repair-and-deduct allowed | LIMITED — South Carolina does not allow a broad repair-and-deduct remedy. However, under Section 27-40-630, if a landlord willfully or negligently fails to provide essential services (such as heat, running water, hot water, or electricity), the tenant may give written notice and then procure reasonable amounts of the essential service and deduct the actual and reasonable cost from rent. This applies only to essential services, not general repairs. |
| Rent withholding allowed | NO broad right — South Carolina tenants may not unilaterally withhold rent. Even if the landlord has failed to make repairs, the landlord may still bring an eviction action for nonpayment. To be legally excused from paying rent, a tenant generally needs a court order. However, under Section 27-40-640, if the landlord deliberately or negligently fails to provide essential services, a tenant who has given proper written notice may seek a court order for rent reduction or may obtain substitute essential services under Section 27-40-630. |
| Rent escrow option | NO formal rent escrow statute — South Carolina does not have a statutory rent escrow program like some states. Tenants may not deposit rent into an escrow account in lieu of paying the landlord without a court order. A tenant who believes the landlord has breached habitability obligations should pursue remedies through the magistrate court rather than withholding rent unilaterally. |
What Your South Carolina Landlord Must Provide
Under Section 27-40-440, a South Carolina landlord must: comply with all applicable building and housing codes materially affecting health and safety; make all repairs reasonably necessary to keep the premises fit and habitable; keep common areas reasonably safe (and reasonably clean for buildings with more than 4 units); provide running water and reasonable amounts of hot water at all times; provide reasonable heat; maintain in reasonably good and safe working order all electrical, gas, plumbing, sanitary, heating, ventilating, and air conditioning systems and other facilities supplied by the landlord; and maintain the premises to prevent accumulation of moisture and growth of mold, and promptly respond to any tenant notice of mold.
Your Options When Repairs Are Not Made
Repair and deduct: LIMITED — South Carolina does not allow a broad repair-and-deduct remedy. However, under Section 27-40-630, if a landlord willfully or negligently fails to provide essential services (such as heat, running water, hot water, or electricity), the tenant may give written notice and then procure reasonable amounts of the essential service and deduct the actual and reasonable cost from rent.
This applies only to essential services, not general repairs.
Withhold rent: NO broad right — South Carolina tenants may not unilaterally withhold rent. Even if the landlord has failed to make repairs, the landlord may still bring an eviction action for nonpayment. To be legally excused from paying rent, a tenant generally needs a court order.
However, under Section 27-40-640, if the landlord deliberately or negligently fails to provide essential services, a tenant who has given proper written notice may seek a court order for rent reduction or may obtain substitute essential services under Section 27-40-630.
Report to code enforcement: South Carolina does not have a single statewide housing inspection agency. Tenants should contact their local city or county code enforcement or building inspection office to report housing code violations. The South Carolina Building Codes Council at the Department of Labor, Licensing and Regulation (llr.sc.gov/bcc) handles building code enforcement complaints statewide.
Tenants may also contact the SC Department of Consumer Affairs at 803-734-4200 or 1-800-922-1594 for guidance on landlord-tenant disputes.
Constructive eviction: YES — South Carolina recognizes constructive eviction. Under Section 27-40-610, if a landlord’s noncompliance with Section 27-40-440 materially affects health and safety and the landlord fails to remedy the breach within 14 days of receiving written notice, the tenant may terminate the rental agreement and vacate. The tenant must move out to claim constructive eviction as a defense.
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Retaliation protection: YES — Under Section 27-40-910, a South Carolina landlord may not retaliate against a tenant who has complained to a government agency about a building or housing code violation materially affecting health and safety, or who has complained to the landlord about a violation of the Residential Landlord and Tenant Act.
Prohibited retaliatory actions include increasing rent above fair market value, decreasing essential services, or filing an eviction action.
A landlord who retaliates is liable for damages up to 3 months rent or treble actual damages, whichever is greater, plus reasonable attorney fees. If a landlord retaliates by refusing to renew a lease and the tenant is not in default on rent, the landlord may not recover possession for 75 days.
Other South Carolina repair rules: South Carolina has several unique rules: (1) Mold prevention — landlords must maintain the premises to prevent moisture accumulation and mold growth, and must promptly respond to any tenant notice of mold (amended Section 27-40-440). (2) Essential services remedy only — the repair-and-deduct option under Section 27-40-630 applies only to essential services like heat, water, and electricity, not to general maintenance or cosmetic repairs.
(3) No broad rent withholding — unlike many states, South Carolina does not permit tenants to withhold rent for general repair failures; the landlord may still pursue eviction for nonpayment even if repairs are owed.
(4) Tenant must vacate to claim constructive eviction — the tenant cannot remain in the unit and claim the lease is terminated. (5) South Carolina Legal Services (sclegal.org) provides free legal assistance to qualifying low-income tenants with habitability disputes. (6) SC Appleseed Legal Justice Center (scjustice.org) publishes a brochure on repairs by landlords with step-by-step guidance for tenants.
Understanding South Carolina Landlord Repair Obligations
When South Carolina landlord repairs are not made, you have options — but you must follow the right steps to protect yourself legally. South Carolina landlord repairs law requires written notice to the landlord, a reasonable time to fix the problem, and documentation of the condition. Skipping any step can weaken your position if the dispute over South Carolina landlord repairs ends up in court.
Always put your repair request in writing, keep a copy, and take dated photos — this paper trail is your strongest evidence that South Carolina landlord repairs were demanded and ignored.
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Official South Carolina Sources & Resources
- South Carolina Attorney General: https://www.scag.gov/faqs/
- South Carolina Habitability Statute: https://www.scstatehouse.gov/code/t27c040.php
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This South Carolina repairs guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
More South Carolina Tenant Rights Guides
- South Carolina Tenant Rights
- South Carolina Eviction Process
- South Carolina Security Deposit Law
- South Carolina Rent Increase Laws
- Breaking a Lease in South Carolina
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.