Managing property in South Carolina involves navigating specific legal requirements. Property managers must be at least 18 years old, and property managers in charge need to be 21 or older with a high school diploma or equivalent. All real estate brokers, salespersons, and property managers must have valid licensure as required by South Carolina law.

Landlords in South Carolina have clear responsibilities under the Residential Landlord and Tenant Act. They must maintain premises according to building and housing codes and provide essential services including water, heat, and electricity. Understanding these regulations helps property managers avoid legal issues while maintaining positive tenant relationships.

Key Takeaways

• Property managers must meet specific age and education requirements while maintaining proper licensure to legally operate in South Carolina.
• Landlords are legally required to maintain habitable properties with essential services like water, heat, and electricity.
• Following local regulations and fair housing laws protects property managers from potential legal disputes and financial penalties.

Property Management Laws In South Carolina

South Carolina has specific legal requirements for property managers that address licensing, responsibilities, and potential violations. The state maintains strict oversight through its Real Estate Commission.

Licensing Laws In South Carolina

In South Carolina, individuals must obtain proper licensing before managing properties for others. The state offers two main licensing paths: a dedicated property manager license through the Commission or working under a broker's supervision.

Property managers must:

• Pass a state-approved property management exam
• Apply for licensure within one year of passing the exam
• Complete required education courses
• Maintain licensing through continuing education

For those seeking independence, the property manager-in-charge license grants authority to operate without broker supervision. Real estate brokers and salespeople can also perform property management functions, but must comply with relevant regulations.

The state strictly enforces unlicensed practice penalties. Section 40-57 of the South Carolina Code of Laws states it is "unlawful for an individual to act as a real estate broker, real estate salesperson, or property manager without a valid license."

Property Manager Responsibilities In South Carolina

Property managers in South Carolina must fulfill specific legal obligations to both property owners and tenants. These professionals serve as intermediaries and must balance multiple responsibilities.

Key legal duties include:

• Maintaining essential services (water, heat, electricity)
• Ensuring properties meet habitability standards
• Properly handling security deposits
• Following fair housing laws
• Maintaining accurate financial records
• Promptly addressing maintenance issues

Property managers must also ensure leases comply with state laws. When collecting rent or handling evictions, they must follow proper legal procedures.

Managers should document all communications with tenants and owners. This helps protect against potential disputes and liability issues. Failure to maintain proper documentation can lead to significant legal complications.

Common Violations In South Carolina

Property managers in South Carolina frequently encounter several regulatory pitfalls that can lead to penalties, license suspension, or revocation. Understanding these common violations helps professionals maintain compliance.

Typical violations include:

• Improper handling of trust accounts: Commingling client funds with personal or business accounts
• Unlicensed practice: Managing properties without proper licensing or supervision
• Failure to disclose: Not properly informing clients about material facts
• Fair housing violations: Discriminatory practices in tenant selection
• Security deposit mismanagement: Improper handling or failure to return deposits

The South Carolina Real Estate Commission actively investigates complaints against property managers. Penalties vary based on violation severity, ranging from fines to license revocation in serious cases.

Property managers should conduct regular self-audits of their practices and stay current with property management laws and regulations. Education on legal requirements helps prevent costly mistakes and maintains professional standing in the industry.

Rental Agreements In South Carolina

In South Carolina, rental agreements establish the legal relationship between landlords and tenants. These documents must follow specific state laws regarding required terms, security deposits, and termination procedures.

Required Lease Terms In South Carolina

South Carolina rental agreements must include several key elements to be legally binding. These agreements should clearly state the rental amount, due date, and lease term length.

Every lease should specify:

• Names and contact information for all parties
• Property address and description
• Rent amount and payment methods
• Due dates and late fee policies
• Term of the lease (start and end dates)
• Maintenance responsibilities

South Carolina doesn't require written leases for agreements under 12 months, but having a written document protects both parties. Any specific clauses in lease contracts must comply with the South Carolina Residential Landlord and Tenant Act.

The lease should also address pet policies, subletting rules, and entry notice requirements.

Security Deposit Rules In South Carolina

South Carolina law doesn't set a maximum limit on security deposits, giving property managers flexibility. However, prudent managers typically charge between one and two months' rent.

Key security deposit regulations include:

• No requirement to keep deposits in separate accounts
• No interest payment requirements on held deposits
• Return deposits within 30 days of lease termination
• Provide itemized list of deductions if not returning full amount

Property managers must document the property's condition at move-in and move-out through detailed inspection reports. This helps avoid disputes about deposit deductions.

The South Carolina landlord tenant law prohibits using security deposits for anything other than:

• Unpaid rent
• Damages beyond normal wear and tear
• Other breaches of the rental agreement

Lease Termination In South Carolina

Termination procedures in South Carolina vary based on lease type and circumstances. For month-to-month agreements, either party must provide 30 days' written notice.

Fixed-term leases typically end on the date specified unless renewed. Early termination options include:

• Mutual agreement between parties
• Military deployment (with proper documentation)
• Uninhabitable conditions
• Landlord's failure to maintain premises

South Carolina law prohibits retaliatory evictions when tenants exercise legal rights. Property managers cannot evict tenants for reporting code violations or joining tenant organizations.

For evictions due to lease violations, property managers must follow specific legal procedures, including proper notice periods and court filings. Self-help evictions (changing locks, removing belongings) are illegal and may result in penalties.

Tenant Rights In South Carolina

South Carolina tenants have specific legal protections under state law that define their relationship with landlords and property managers.

Eviction Procedures In South Carolina

Property managers must follow strict legal processes when evicting tenants in South Carolina. The process begins with a written notice that varies based on the reason for eviction:

• Non-payment of rent: 5-day written notice to pay or vacate
• Lease violations: 14-day notice to cure the violation
• End of lease term: 30-day notice for month-to-month agreements

After the notice period expires, landlords must file an eviction lawsuit (formally called an "action for ejectment") with the magistrate court. Self-help evictions are illegal - property managers cannot change locks, remove doors, or shut off utilities to force tenants out.

The court will schedule a hearing where both parties can present their case. If the judge rules in the landlord's favor, the tenant typically has 10 days to appeal before a writ of ejectment is issued.

Discrimination Laws In South Carolina

Property managers must comply with both federal and state fair housing laws. The Fair Housing Act prohibits discrimination based on:

• Race or color
• National origin
• Religion
• Sex
• Familial status
• Disability

South Carolina laws mirror these federal protections. Property managers cannot refuse to rent, set different terms, falsely deny availability, or otherwise discriminate against protected classes.

For disability accommodations, landlords must allow reasonable modifications to the dwelling unit at the tenant's expense. They must also permit reasonable accommodations to rules and policies when necessary.

Maintaining consistent screening criteria for all applicants helps property managers avoid discrimination complaints from tenants.

Maintenance Requests In South Carolina

Property managers are legally required to maintain habitable conditions in rental properties. This includes:

• Complying with building and housing codes
• Making repairs to keep the premises in a fit and habitable condition
• Maintaining electrical, plumbing, sanitary, heating, and air-conditioning systems
• Providing trash receptacles and removal

When tenants submit maintenance requests, property managers should respond promptly. South Carolina law requires landlords to act within 14 days of notification for most repairs.

Tenant obligations include keeping their unit clean, using facilities properly, and not damaging the property. For emergency situations affecting health and safety, property managers should prioritize immediate response.

If maintenance issues remain unaddressed after proper notification, tenants may have grounds for breaking the lease or pursuing legal remedies under the South Carolina Residential Landlord and Tenant Act.

Landlord Obligations In South Carolina

South Carolina landlords have specific legal duties under the Residential Landlord and Tenant Act that must be followed to maintain proper rental relationships and avoid legal issues.

Habitability Standards In South Carolina

Landlords in South Carolina must maintain rental properties in a habitable condition that meets basic health and safety requirements. They must:

• Keep common areas clean and safe
• Maintain electrical, plumbing, heating, and air conditioning systems
• Provide and maintain appropriate trash receptacles
• Supply running water and reasonable heat
• Make repairs to keep the property in a habitable condition

The property must comply with all building and housing codes that materially affect health and safety. Landlords cannot simply provide a property "as is" if it fails to meet these basic standards.

Failure to maintain these standards can result in tenant remedies including repair-and-deduct options, rent withholding in some cases, or even lease termination if conditions are severe enough.

Repair Timelines In South Carolina

South Carolina law doesn't specify exact repair timelines, but requires landlords to respond to maintenance issues within a "reasonable time." What counts as reasonable depends on:

• The severity of the issue
• Threat to tenant health or safety
• Season and weather conditions
• Availability of necessary materials and contractors

For emergency repairs affecting essential services (heat, water, electricity), landlords should respond within 24-48 hours. For non-emergency repairs, 14 days is typically considered reasonable.

If landlords fail to make repairs in a reasonable timeframe, tenants may have legal remedies including the right to terminate the lease under certain conditions.

Entry Notice In South Carolina

Landlords in South Carolina must provide reasonable notice before entering a tenant's rental unit. While state law doesn't specify an exact timeframe, 24 hours is generally considered reasonable notice.

Exceptions to the notice requirement include:

• Emergencies (fire, flooding, etc.)
• Pursuant to court orders
• When the tenant has abandoned the premises
• When the tenant has requested repairs

Entry should occur at reasonable times, typically during business hours unless otherwise agreed upon with the tenant.

Landlords who repeatedly enter without proper notice may be found in violation of the tenant's right to quiet enjoyment, potentially allowing tenants to terminate their lease or pursue legal action.

Fair Housing Compliance In South Carolina

Property managers in South Carolina must follow both federal and state fair housing regulations to avoid costly discrimination claims. The state's fair housing laws complement federal protections while adding specific requirements for South Carolina property managers.

Protected Classes In South Carolina

The South Carolina Fair Housing Law prohibits discrimination based on race, color, religion, sex, national origin, physical or mental disability, and familial status. These protections mirror federal Fair Housing Act categories.

Property managers must avoid discriminatory practices in:

• Advertising rental properties
• Screening tenants
• Setting rental terms and conditions
• Providing services and amenities
• Handling evictions
• Property access and showings

Violations can result in fines up to $10,000 for first offenses and $50,000 for repeat violations. The South Carolina Human Affairs Commission enforces these regulations and investigates complaints.

Proper documentation of tenant selection criteria is essential. Managers should apply the same standards consistently to all applicants and keep records of all decisions.

Reasonable Accommodations In South Carolina

Property managers must provide reasonable accommodations for disabled tenants under both federal and state law. This includes modifying rules, policies, or physical spaces when necessary.

Common reasonable accommodations include:

• Allowing service or emotional support animals despite no-pet policies
• Providing accessible parking spaces
• Permitting grab bar installations
• Making exceptions to standard rules when disability-related

The tenant must request the accommodation, but managers cannot demand medical records. Property managers can only deny requests if they pose an undue financial burden or fundamentally alter the housing program.

For physical modifications, managers must allow changes but can require the tenant to restore the property to its original condition upon moving out. The tenant typically pays for modifications unless the housing receives federal funding.

Local South Carolina Regulations For Property Management

Property managers in South Carolina must navigate both statewide laws and local regulations that vary by municipality. Different cities have unique requirements for rental properties, while short-term rentals face increasing regulation across the state.

City Ordinances In South Carolina

Charleston requires property managers to obtain a business license for rental properties and pass regular safety inspections. Violations can result in fines starting at $1,050 per day.

Columbia enforces strict noise ordinances affecting rental properties, with quiet hours from 11 PM to 7 AM. Property managers must ensure tenants comply or face penalties.

Greenville has implemented rental inspection programs requiring properties to meet specific safety standards before occupancy. These inspections focus on:

• Fire safety equipment
• Structural integrity
• Working plumbing and electrical systems
• Absence of pest infestations

Myrtle Beach requires all rental property managers to register with the city and pay annual fees based on the number of units managed.

Short-Term Rental Laws In South Carolina

Charleston strictly regulates short-term rentals, requiring property owners to:

• Live on-site
• Obtain a special zoning permit
• Register with the Department of Planning
• Pay accommodations taxes

Violations can trigger fines up to $1,087 per day and loss of rental privileges.

Folly Beach limits short-term rentals to specific zones and requires a South Carolina property management license for managers handling multiple properties. Annual registration is mandatory with fees ranging from $200-$500 depending on property size.

Hilton Head Island requires short-term rental permits with renewal every two years. Property managers must designate a local contact person available 24/7 for emergency response.

Many HOAs across South Carolina have amended their governing documents to restrict or prohibit short-term rentals entirely, requiring managers to verify community rules before listing properties.

Best Practices For Property Managers In South Carolina

Property managers in South Carolina must follow specific guidelines to ensure legal compliance and effective management. Proper recordkeeping and thorough tenant screening are two critical areas that require careful attention.

Recordkeeping In South Carolina

South Carolina property managers must maintain detailed records of all financial transactions, property inspections, and tenant communications. The South Carolina property management laws require keeping these records for at least three years.

Financial records should include:

• Rent payments and deposits
• Maintenance expenses
• Property tax payments
• Insurance documentation

Property inspection reports need dates, findings, and photos. Document all tenant communications, especially those regarding lease violations or maintenance requests.

Use digital property management systems to organize these records. This helps during audits by the Department of Consumer Affairs or other regulatory bodies.

Back up all documents in multiple locations. Cloud storage offers security while maintaining accessibility.

Tenant Screening In South Carolina

Effective tenant screening helps prevent future issues while complying with fair housing laws. Property managers must use consistent screening criteria for all applicants to avoid discrimination claims.

Standard screening elements include:

• Credit history checks
• Criminal background verification
• Income verification (typically 3× monthly rent)
• Previous landlord references

The Federal Trade Commission guidelines require obtaining written consent before running background checks. Maintain records of all screening documents and decisions.

When rejecting applicants, provide clear reasons that comply with fair housing laws. Never base decisions on protected characteristics like race, religion, or family status.

Consider using professional screening services that understand South Carolina's specific requirements. This reduces liability while ensuring thorough vetting.

Frequently Asked Questions

Property management in South Carolina involves specific legal requirements, prohibitions, and oversight mechanisms that all property managers must understand to operate lawfully.

What are the licensing requirements for property managers in South Carolina?

In South Carolina, property managers must have a property manager-in-charge license to legally operate. This is separate from real estate broker or salesperson licenses.

Individual property management offices must be supervised by a licensed property manager-in-charge or a licensed broker-in-charge according to state law.

To obtain a property management license, applicants must complete required education, pass an exam, and meet other qualifications set by the state licensing authority.

What actions are prohibited for landlords under South Carolina law?

Landlords in South Carolina cannot discriminate against tenants based on protected characteristics such as race, color, religion, sex, national origin, familial status, or disability.

They are prohibited from entering a tenant's property without proper notice except in emergencies.

Landlords cannot retaliate against tenants who exercise their legal rights, such as requesting repairs or filing complaints with housing authorities.

How does one go about taking legal action against a property management company in South Carolina?

First, document all issues and communications with the property management company to establish evidence of wrongdoing.

File a formal complaint with the South Carolina Real Estate Commission, which oversees property managers in the state.

If the issue remains unresolved, consult with an attorney specializing in real estate law to explore options for civil litigation, which may include seeking damages for breach of contract or negligence.

Who is responsible for overseeing property management companies within the state?

The South Carolina Real Estate Commission is the primary regulatory body responsible for overseeing property management companies.

They enforce licensing requirements, investigate complaints, and can impose penalties for violations of state laws and regulations.

The Commission also provides resources and guidance to help property managers understand their legal obligations.

What are the implications of SC Code of Laws 40-57-350 for property management?

SC Code of Laws 40-57-350 makes it unlawful for individuals to act as property managers or advertise property management services without proper licensing.

Violations can result in significant penalties, including fines and potential criminal charges for operating without a license.

The law helps ensure that only qualified professionals are managing properties, protecting both property owners and tenants from potential harm.

What are the guidelines for real estate advertising in South Carolina?

All real estate advertising must clearly identify the company and the licensed property manager responsible for the listing.

Advertisements must be truthful and not misleading about property conditions, amenities, or terms.

Property managers must ensure their advertising complies with fair housing laws, avoiding any language that could be interpreted as discriminatory against protected classes.