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Landlord repairs in South Carolina

Source: S.C. Code Ann. §§ 27-40-440, 27-40-610, 27-40-630, 27-40-640, 27-40-660, 27-40-790, 27-40-910 · Checked against the statute

Time to repair
14 days
Repair and deduct
Not allowed
Withhold rent
Not allowed
End the lease
Allowed

South Carolina repair deadline

Choose the state and the date the landlord got your request.

The landlord's duty to repair

The landlord must comply with building and housing codes materially affecting health and safety, make all repairs and do whatever is reasonably necessary to keep the premises fit and habitable, keep common areas reasonably safe, and keep supplied electrical, gas, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances (including elevators) in reasonably good and safe working order (§ 27-40-440(a)). (S.C. Code Ann. § 27-40-440(a))

South Carolina law names these:

  • running water and reasonable amounts of hot water at all times
  • reasonable heat
  • working electrical, gas, plumbing, sanitary, heating, ventilating, air-conditioning facilities and appliances and elevators supplied by the landlord (appliances in the unit are presumed landlord-supplied unless excluded; essential-service appliances cannot be excluded)
  • reasonably safe common areas (also reasonably clean in buildings with more than 4 units)

Telling the landlord

To end the lease or use the essential-services remedy, the tenant must give the landlord written notice specifying the breach (§§ 27-40-610(a), 27-40-630(a)). To use the landlord's breach as a defense to an eviction for unpaid rent, the landlord must have had notice at least 14 days before rent was due (non-essential services), or notice before rent was due giving a reasonable chance to make emergency repairs (essential services) (§ 27-40-640(b)). (S.C. Code Ann. §§ 27-40-610(a), 27-40-630(a))

The notice must be in writing. Write a South Carolina repair request letter.

How long the landlord has

After written notice, the landlord has 14 days to fix a breach materially affecting health and safety or the physical condition of the property; for a breach not affecting health and safety that cannot be fixed in 14 days, the landlord must start within 14 days and finish in good faith within a reasonable time (§ 27-40-610(a)). For essential services, the tenant's rights arise if the landlord fails to act within a reasonable time after notice (§ 27-40-630(d)).

Law: S.C. Code Ann. §§ 27-40-610(a), 27-40-630(d)

Repair it yourself and deduct the cost

Not allowed. The statute says it must never be read to let a tenant make repairs and deduct the cost from rent, and a mechanic's lien from repairs the tenant orders without consent is unenforceable (§ 27-40-630(c)). The only deduction allowed: if the landlord negligently or willfully fails to provide essential services, after written notice and a reasonable time the tenant may buy reasonable amounts of those services and deduct the actual, reasonable cost from rent (§ 27-40-630(a)(1)).

Law:
S.C. Code Ann. § 27-40-630(a)(1), (c)

Withholding rent

Not allowed. No statute allows withholding rent for repairs. South Carolina Legal Services says tenants must keep paying all rent on time or risk eviction even if repairs are not made. If the landlord sues for possession and the tenant raises defenses, the tenant must pay rent into court as it comes due (at fair-market rental value if disputed) (§ 27-40-790).

Law:
S.C. Code Ann. § 27-40-790

Ending the lease over repairs

Allowed. For a material breach affecting health and safety or the physical condition of the property, the tenant may give written notice that the lease will end at least 14 days after receipt unless the breach is fixed within 14 days. It does not end if the landlord fixes it in time, or, for a breach not affecting health and safety, starts within 14 days and finishes in good faith within a reasonable time. Not available for tenant-caused conditions (§ 27-40-610(a)). If the landlord willfully interrupts essential services, the tenant may terminate (§ 27-40-660).

Law:
S.C. Code Ann. §§ 27-40-610(a), 27-40-660

Going to court

Actual damages and an injunction (court order to repair) in magistrate's or circuit court without posting bond, plus attorney's fees if willful (§ 27-40-610(b)); damages for reduced fair-market rental value plus attorney's fees for loss of essential services (§ 27-40-630(a)(2)); for willful interruption of essential services, three months' rent or twice actual damages, whichever is greater, plus attorney's fees (§ 27-40-660).

Protection from retaliation

A landlord may not raise rent above fair-market value, cut essential services, or sue for possession after the tenant complains to a code-enforcement agency or to the landlord about a violation of the Act. A retaliating landlord is liable for up to three months' rent or treble damages, whichever is greater, plus attorney's fees. To raise retaliation as a defense in an eviction, the tenant must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause. If retaliation takes the form of non-renewal, the landlord may not recover possession for 75 days (tenant must be current on rent). No presumption period is set (§ 27-40-910). (S.C. Code Ann. § 27-40-910)

Also good to know

  • In a single-family home, landlord and tenant may agree in writing, in good faith, that the tenant handles appliance/facility upkeep and specified repairs; in other units such agreements cannot cover code-compliance work (§ 27-40-440(c)–(d)).
  • A tenant who uses the essential-services remedy (§ 27-40-630) cannot also terminate under § 27-40-610 for the same breach.
  • South Carolina Legal Services: if repairs are not made, a tenant who stays can ask the Magistrate's Court to order the landlord to make repairs.

Related

Sources

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.