Rent Increase Notice Requirements in South Carolina
At a glance
| Governing law | No general increase statute; S.C. Code §§ 27-39-60 (local preemption), 27-40-770 (termination), and 27-40-910 (retaliation) |
|---|---|
| Advance notice required | No general state rent-increase period; § 27-40-770's 7- and 30-day notices terminate weekly and monthly tenancies |
| Statewide limit on the increase | No general statewide cap; retaliatory increases above fair-market value are prohibited (§ 27-40-910) |
| Homes and landlords exempt from the cap | N/A No general statewide cap; local preemption preserves government-property regulation and voluntary private agreements (§ 27-39-60) |
| How often rent may increase | No general statewide frequency limit |
| Notice form, content, and service | No general statutory rent-increase form, content, or service rule |
| Increase during a fixed lease | No general rent-increase statute addresses a unilateral change during an unexpired fixed lease |
| Tenant's remedies | No general defective/excessive-increase remedy; retaliation can yield up to 3 months' rent or treble actual damages plus fees (§ 27-40-910(h)) |
South Carolina's ordinary state-law framework
South Carolina does not prescribe a general notice period, amount cap, or frequency limit for an ordinary residential rent increase. It also bars a county or municipality from regulating the amount charged for privately owned residential rental property under S.C. Code § 27-39-60.
That preemption section preserves regulation of government property and agreements with private persons that regulate rental amounts.
What trips people up
The periods in § 27-40-770 are termination rules, not rent-change rules. A week-to-week tenancy may be terminated with at least seven days' written notice, and a month-to-month tenancy with at least 30 days' written notice. The section does not say those periods impose a higher rent while the tenancy continues.
Retaliation is a separate, case-specific protection. Section 27-40-910(a) prohibits an increase above fair-market value after the listed tenant complaints when it is retaliatory. Subsection (e) addresses the presumption for a landlord renting more than four adjoining units, and subsection (h) supplies damages and reasonable attorney's fees for retaliation.
Common questions
Does South Carolina require 30 days' notice of an increase?
No general state statute says so. Section 27-40-770(b) uses 30 days' written notice to terminate a month-to-month tenancy, not to change its rent.
Can a South Carolina city adopt rent control?
Generally no for privately owned residential rental property. Section 27-39-60 bars counties and municipal corporations from regulating the amount of rent, subject to its government-property and agreement language.
What remedy applies to a retaliatory increase?
Under § 27-40-910(h), a retaliating landlord is liable for up to three months' rent or three times the tenant's actual damages, whichever is greater, plus reasonable attorney's fees. That is not a general remedy for every increase.
Statutes and sources
- S.C. Code § 27-40-770(a)-(b). Weekly and monthly termination notices kept separate from rent-increase notice. Official code (accessed July 12, 2026).
- S.C. Code § 27-39-60. Local rent-amount preemption and preserved categories. Official code (accessed July 12, 2026).
- S.C. Code § 27-40-910(a), (e), (h). Retaliatory increase, fair-market value, presumption rule, and damages. Official code (accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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