South Carolina tenant screening laws: a landlord's guide

South Carolina has no statewide cap on application or screening fees. Neither the Residential Landlord and Tenant Act nor the Consumer Protection Code addresses a fee cap, so this is generally left to the lease agreement and market practice. Confirm any local ordinance before finalizing a screening policy.

South Carolina's Fair Housing Law protected classes are race, color, religion, sex, familial status, national origin, and handicap (S.C. Code §31-21-40); criminal history is not addressed as a separate category, and there is no state lookback limit on criminal records in housing decisions. The underlying Fair Housing Act and case law such as Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project (2015) remain in effect. A documented, individualized, and consistently applied criminal-history policy is generally the more defensible approach.

Source of income (including housing vouchers) is not listed among the protected characteristics in South Carolina's Fair Housing Law. That means, under state law, a landlord generally may decline an applicant solely because they intend to pay with a housing voucher. Confirm any applicable local ordinance before finalizing a screening policy.

The FCRA §615 baseline applies: notify the applicant, provide the consumer reporting agency's contact information, and explain the applicant's right to dispute the report and obtain a free copy. South Carolina has no state-specific addition to federal adverse-action requirements.

South Carolina does not cap the security deposit amount. Upon termination and delivery of possession, the landlord must return the deposit — less itemized deductions for unpaid rent and damages — within 30 days of termination and the tenant's demand, whichever is later, and must send a written, itemized statement of any deductions (S.C. Code §27-40-410(a)). If the landlord fails to comply, the tenant may recover three times the amount wrongfully withheld plus attorney's fees (§27-40-410(b)). Landlords who rent more than four adjoining units and apply different deposit standards to different tenants must post or disclose those standards in advance (§27-40-410(c)).

South Carolina has no statewide rent control or general just-cause eviction requirement. Month-to-month tenancies may be terminated by either party with at least 30 days' written notice, and week-to-week tenancies with at least 7 days' notice (§27-40-770). For nonpayment of rent, the landlord may terminate if rent is not paid within 5 days of the due date, provided the landlord has given notice of this consequence — a requirement that can be satisfied either by a one-time separate notice or by including specific language in the written lease itself (§27-40-710(B)). For other material lease violations, the landlord generally must give 14 days' written notice and an opportunity to cure before terminating (§27-40-710(A)). Retaliatory rent increases or evictions after a tenant complains about code violations or the landlord's noncompliance are prohibited (§27-40-910).

South Carolina does not divide unincorporated land into townships; land outside city limits is generally governed by county government. Confirm current city-specific tenant-screening, source-of-income, and fair-chance ordinances for Charleston, Columbia, and Greenville before finalizing a screening policy. The South Carolina Human Affairs Commission, the state's fair-housing enforcement agency, lists the same protected classes as the state Fair Housing Law statewide.

Does South Carolina cap security deposits? No. State law does not set a maximum deposit amount, but it does require a written, itemized return within 30 days of termination and demand, whichever is later.

Is source of income a protected class in South Carolina? No, not under the state Fair Housing Law as currently written; a landlord generally may decline voucher holders under state law alone.

Does South Carolina limit how landlords use criminal history? South Carolina has no state-specific limit; FCRA disclosure and adverse-action rules still apply.

How much notice is required to evict for nonpayment of rent in South Carolina? Generally 5 days after the due date, provided the landlord has given the required notice — often satisfied through specific lease language rather than a separate notice.

Checkr helps landlords and property managers in South Carolina run FCRA-compliant background checks efficiently, so you can screen applicants consistently while staying focused on filling your unit. Get started with Checkr to build a screening process suited to your properties.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.