South Carolina landlord repair laws: a 14-day notice and no repair and deduct
South Carolina requires a landlord to keep a rental fit and habitable under Section 27-40-440. A tenant gives written notice, the landlord has 14 days to fix a breach, and a lease can end if the breach is not remedied. The Code does not allow repair and deduct, though a tenant can buy essential services if the landlord fails to provide them.
What must a South Carolina landlord maintain?
Section 27-40-440 lists the duties. The landlord must comply with building and housing codes that affect health and safety, make repairs needed to keep the unit fit and habitable, keep common areas reasonably safe, provide running water, reasonable hot water and reasonable heat, and keep electrical, plumbing, heating and other facilities and appliances in working order. The section sets no deadline of its own.
In a single-family residence a tenant may agree in writing to do certain repairs in good faith. In other dwellings the tenant may do specified work only under limited conditions, for example when the agreement is made in good faith and the work does not cure a building-code violation.
How does the 14-day notice work?
Section 27-40-610 applies to material noncompliance with the lease, or with Section 27-40-440 when it affects health, safety or the property's physical condition. The tenant delivers written notice specifying the breaches, and the landlord has 14 days after receipt to remedy them. If the breach is not fixed, the lease ends on the date stated in the notice, which must be not less than fourteen days after receipt.
- The lease does not end if the landlord fixes the problem before the date in the notice.
- For a breach that does not affect health or safety and cannot be fixed in 14 days, the lease does not end if the landlord starts the repair within 14 days and pursues it in good faith.
- The tenant cannot terminate for a condition caused by the tenant's own deliberate or negligent act, or by someone the tenant allowed on the premises.
What else can a tenant recover?
Actual damages, and injunctive relief in magistrate or circuit court without posting bond. If the landlord's noncompliance is wilful, reasonable attorney's fees too. If the lease is terminated, the landlord returns the recoverable security deposit.
Can a South Carolina tenant repair and deduct?
No. Neither Section 27-40-440 nor 27-40-610 allows it, and Section 27-40-630(c) says the section does not authorize tenants to make repairs and deduct the cost, and that mechanic's liens from unauthorized repairs are unenforceable. What Section 27-40-630 does allow is narrower: when a landlord is negligent or wilful in failing to provide essential services, the tenant may buy reasonable amounts of those services and deduct the actual, reasonable cost from rent, after written notice and a failure to act within a reasonable time.
Example a made-up tenant in Greenville has no running water because the landlord willfully ignored a pump failure after written notice. The tenant may buy reasonable water for the household and deduct that cost. The same tenant may not hire a plumber and deduct the invoice.
What should the owner keep on file?
Note the day each written notice arrived and count fourteen days from it. If a repair will take longer, document the start within 14 days and what is being done. Photograph the completed work, and keep supplier receipts so the file shows good faith.
How DoorKeeping fits in South Carolina
DoorKeeping takes a South Carolina tenant's repair request as a work order tied to the unit, with the date it arrived, the photos and every reply in one thread. A shared timeline of start, progress and finish shows good-faith pursuit if a repair runs past the fourteen days. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How long does a South Carolina landlord have to fix a problem?
- 14 days after receiving the tenant's written notice, under Section 27-40-610.
- Can a South Carolina tenant repair and deduct?
- No. Section 27-40-630(c) says it does not authorize repair and deduct, though a tenant may buy essential services a landlord willfully or negligently fails to provide.
- Can a South Carolina landlord keep repairing after 14 days?
- For a breach that does not affect health or safety and cannot be fixed in 14 days, the lease does not end if the repair is started within 14 days and pursued in good faith.