Legal FAQs for Renters in South Carolina

Tell your landlord about any repairs needed, particularly if they affect your health and safety.

You should call your landlord to make the repairs as soon as possible.

Emergency repairs could be for problems with:

• Running water or hot water

• Heat or air conditioning

• Stove, refrigerator, or oven

• Electricity

• Bathroom use

• Missing doors, locks, or windows

• Pests

If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication).

Reach out for legal help for additional guidance.

Contact a legal help organization to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must take you to court by filing an eviction lawsuit, win the case, and getting an eviction order from the court.

Legal aid groups in South Carolina might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

Find legal help to protect your rights.

You may be able to break your lease if you can come to an agreement with your landlord.

You can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.

Also, you can review your lease. It may have a part that lets you end the lease early in times of financial difficulty. If your lease has this kind of part, you might be able to break the lease (in some cases penalty-free).

Find legal help to get advice for your situation.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration. ****

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.

Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.

You can talk to your local Rental Assistance program to learn their eligibility rules.

You may have to show your household income, or if you are on other benefits programs like SNAP.

You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.

Check with your local Rental Assistance program to see if you are eligible.

Since the emergency protections expired, for renters in South Carolina:

• Your landlord can still give you a notice to quit.
• Your landlord can file an eviction lawsuit against you.
• The court may allow the eviction trial to move forward.
• The court can still issue a new order, judgment, or writ of eviction against you.
• Law enforcement can enforce an existing eviction order against you, to remove you from your home. (link)

Yes, South Carolina renters still need to pay rent during the emergency.

Check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the emergency.

If you cannot pay rent, take steps to protect yourself:

• Apply for rental assistance: If you need financial assistance for housing costs like rent or utility bills, you may be able to get help.

• Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction.

• Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.

• Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.

If you are struggling to pay rent in South Carolina, reach out for legal and financial help as soon as possible.

South Carolina's statewide emergency protections for renters have expired.

Landlords may now try to evict tenants again. If you are worried about an eviction, reach out to your local legal aid group as soon as possible. They may be able to help you find protections and services to deal with the eviction.

Earlier Protections

Earlier, the South Carolina Supreme Court had ordered that no evictions could occur until May 14, 2020. Eviction proceedings have since resumed.

The South Carolina Chief Justice also required landlords who wanted to file an eviction lawsuit to certify that the property is not covered by the CARES Act's eviction protections. (See more about the CARES Act's US national protections below). (link)

Eviction proceedings resumed in South Carolina after May 17, 2020.

Check here for updates from your local court.

South Carolina landlords can sue tenants for eviction since the statewide protections ended.

After May 14, 2020, courts began to allow eviction proceedings against renters to begin once again.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.