Rent Increase Laws in South Carolina: What Landlords Can Do and What Renters Can Do

South Carolina’s rental industry is rising, with areas such as Charleston, Columbia, Greenville, and Spartanburg seeing significant expansion. This surge in demand has pushed up rental prices, and many renters are experiencing rent increases. While finding an affordable place to live is difficult in many parts of the country, knowing your rights as a tenant in South Carolina is critical.

Rent control laws in South Carolina

No Statewide Rent Control:

Unlike several states, South Carolina lacks a statewide rent control statute. This means that landlords typically have the freedom to determine rental pricing and raise rents as they see right. However, there are several restrictions on this discretion.

Bill 3264: (Charleston and Columbia)

In 2022, a law known as law 3264 was proposed in the South Carolina legislature, with the potential to drastically affect rent hikes. This bill proposed rent control measures for cities with populations over 100,000, such as Charleston and Columbia.

Rent Increase Limits: Landlords would be unable to raise rents by more than 7% plus the annual Consumer Price Index. This would set a limit on annual rent increases, providing some stability for residents.
Notice Periods: Before increasing the rent on a property rented for more than a year, landlords must provide renters with at least 90 days’ written notice. This extended notice period would give tenants enough time to organize their budget or look for alternative homes if necessary.
Limits on the frequency of increases: Rent increases would be limited to once every 12 months. This discourages landlords from raising rents in quick succession.

Exceptions to Rent Control

It’s worth noting that if Bill 3264 passes, there will be specified exceptions. Rent control would not apply to:

New constructions (buildings under one year old)
Single-family residences (excluding those in owner-occupied duplexes)
Properties with rentals already surpassing a particular level (as set by the legislation)
Situations in which a landlord offers a rent decrease as part of a government subsidy scheme

When Rent Increase Feels Unfair

Even in areas without rent regulation, a rent rise may appear unreasonable. Here is what you can do.

What Tenants Can Do?

Tenants in South Carolina have various rights and services available to them. You can take the following steps:

Review your lease agreement thoroughly. Look for sections relating to rent increases and ensure that the proposed increase meets the requirements indicated.
Determine the reasonable market rents in your area. Look for rental listings for similar properties to determine the average rental rate. Resources such as Zillow, Trulia, and local rental advertisements can be useful.
Contact South Carolina’s Department of Consumer Affairs (SCDCA). The SCDCA provides resources and information on tenants’ rights, including rent increases. They can also advise you on how to approach issues with your landlord.

Negotiate with Your Landlord

Open contact with your landlord is essential. Here are some tips to approach a negotiation:

Plan a meeting with your landlord. Explain your concerns about the rent increase and share your findings on fair market rentals in the neighborhood.
Be ready to compromise. While you may not be able to get the increase completely waived, you may be able to negotiate a smaller increase or stretch it out over a longer period of time.
Maintain a respectful and professional demeanor during the conversation.

Taking Legal Action (If Bill 3264 applies to your city)

If Bill 3264 is in place in your city (Charleston or Columbia), and your landlord implements a rent increase that exceeds the legal restrictions, you have the right to pursue legal action. Here is what you can do.

Gather evidence. Keep copies of your lease agreement, rent receipts, and any conversations you had with your landlord about the rent increase.
Consult a landlord-tenant attorney. An attorney can help you understand your legal options and the best course of action for your individual case.
File a lawsuit against the landlord. If your attorney recommends it, you can sue your landlord to recover any excess rent you were charged and possibly seek further damages.

Conclusion

The rental market in South Carolina is dynamic, and rent increase laws are subject to change. As a renter, you must be informed about your rights and any legislative developments that may affect your status. Here are some last thoughts:

Understanding your rights and taking proactive steps will help you handle rent increases in South Carolina with confidence and guarantee that you are treated properly. Remember, knowledge is power, and it can help you discover and maintain secure housing in South Carolina’s ever-changing rental market.