South Carolina Essential Service Diminished Rental Value Demand
South Carolina Essential Service Diminished Rental Value Demand
Before you use this: S.C. Code § 27-40-630(a)(2) permits damages based on the diminished fair-market rental value of the dwelling and reasonable attorney's fees when the landlord negligently or wilfully fails to provide a required essential service. Give written notice specifying the breach and allow a reasonable time to act. This is a demand for supported damages, not an automatic rent deduction or permission to repair at the landlord's expense.
Date: [__/__/____]
To landlord or authorized agent: [NAME AND ADDRESS]
From tenant: [NAME, PHONE OR EMAIL]
Rental premises: [STREET ADDRESS, UNIT, CITY, SOUTH CAROLINA, ZIP]
Required service and prior notice
Under [RENTAL-AGREEMENT TERM OR S.C. CODE § 27-40-440 DUTY], you were required to provide ☐ running water ☐ hot water ☐ heat ☐ electricity ☐ gas ☐ another essential service: [DESCRIBE]. The service failed on [__/__/____] at [TIME]. The facts showing your negligent or wilful failure to provide it are [SPECIFIC FACTS].
I gave you written notice specifying this failure on [__/__/____] by [METHOD] to [NAME OR CONTACT]. The notice was received on [__/__/____], as shown by [EVIDENCE]. I allowed [DESCRIBE TIME AND ACCESS] for you to act. Your response was [DETAILS OR NONE]. The service ☐ remains unavailable as of [DATE AND TIME] ☐ was restored on [__/__/____] at [TIME].
The condition was not caused by a deliberate or negligent act or omission of me, a family member, or another person on the premises with my permission or whom I allowed access. Supporting facts are [DESCRIBE].
Loss of fair-market rental value
The interruption reduced the dwelling's use and value in these ways: [DESCRIBE]. The comparison below is supported by [COMPARABLE RENTAL DATA, APPRAISAL, PHOTOS, SERVICE RECORDS, OR OTHER EVIDENCE].
| Rental-value item | Period and basis | Amount |
|---|---|---|
| Fair-market rental value with the required service | [DATES AND BASIS] | $[____] |
| Fair-market rental value during noncompliance | [SAME DATES AND BASIS] | $[____] |
| Diminution for that period | [DIFFERENCE] | $[____] |
| Reasonable attorney's fees incurred, if any | [ITEMIZED RECORD] | $[____] |
| Total amount requested | [CALCULATION] | $[____] |
I elect the § 27-40-630(a)(2) remedy and request payment of the supported amount of $[____] by [DATE] using [PAYMENT METHOD]. If no attorney's fees have been incurred, that line is zero. Please identify any disputed fact or calculation in writing. This demand does not itself deduct rent, elect replacement-service costs, or authorize a repair bill deduction.
Section 27-40-630(b) bars proceeding under § 27-40-610 for the same breach after proceeding under § 27-40-630. I reserve rights otherwise available under applicable law.
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier written notice and proof of delivery
☐ Service interruption and restoration records
☐ Fair-market rental-value evidence
☐ Attorney-fee record, if any
I delivered this demand and its enclosures to [NAME] on [__/__/____] by [METHOD] at [ADDRESS OR DELIVERY DETAILS].
Person making delivery: [________________________________]
Sources and References
About this template
- Last updated
- November 6, 2026
- Citations checked
- November 5, 2026
- Jurisdiction
- South Carolina
- Category
- Landlord & Tenant
Legal authority
- S.C. Code Ann. § 27-40-630(a)(2), (b)-(d)
- S.C. Code Ann. § 27-40-440(a)(4)-(5)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 5, 2026.
S.C. Code Ann. § 27-40-440(a)(4) (checked November 5, 2026): "make available running water and reasonable amounts of hot water at all times and reasonable heat"
S.C. Code Ann. § 27-40-440(a)(5) (checked November 5, 2026): "maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances"
S.C. Code Ann. § 27-40-630(a)(2) (checked November 5, 2026): "recover damages based upon the diminution in the fair-market rental value of the dwelling unit and reasonable attorney's fees"
S.C. Code Ann. § 27-40-630(b) (checked November 5, 2026): "If the tenant proceeds under this section, he may not proceed under SECTION 27-40-610 as to that breach."
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