S.C. Code Ann. § 27-40-610
Noncompliance by landlord in general
Operative Text
(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with SECTION 27-40-440 materially affecting health and safety or the physical condition of the property, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice if the breach is not remedied within fourteen days. The rental agreement shall terminate as provided in the notice except that: (1) The rental agreement shall not terminate by reason of the breach: (i) if the breach is remedial by repairs or otherwise and the landlord adequately remedies the breach before the date specified in the notice; or (ii) if such remedy for a breach not affecting health and safety cannot be remedied within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time. (2) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with the tenant's permission or who is allowed access to the premises by the tenant. (b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief in a magistrate's or circuit court, without posting bond, for any noncompliance by the landlord with the rental agreement or SECTION 27-40-440. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees. (c) If the rental agreement is terminated, the landlord shall return security recoverable by the tenant under SECTION 27-40-410. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees.
Under S.C. Code Ann. § 27-40-610, when a landlord materially fails to comply with a rental agreement or with the habitability standards set out in § 27-40-440, tenants have a structured path to address the breach. A tenant can deliver written notice identifying the specific problem and stating that the lease will end in at least fourteen days if the issue is not fixed, though the landlord can prevent termination by adequately remedying the breach within that window. Separately, tenants may pursue actual damages and injunctive relief in court without posting bond, and if the landlord's noncompliance is found to be willful, the tenant may also recover reasonable attorney's fees.
Plain English — not legal advice.
Property owners and managers operating under South Carolina law should understand that § 27-40-610 gives tenants a formal written-notice mechanism to trigger lease termination when a material breach of the rental agreement or a habitability violation under § 27-40-440 goes unaddressed. Compliant operators generally maintain systems for promptly receiving and tracking tenant complaints, and they document repair efforts to demonstrate that any breach was remedied—or at least meaningfully commenced—within the fourteen-day notice period. Willful noncompliance carries the additional exposure of the tenant recovering reasonable attorney's fees, making timely and documented responses to maintenance concerns a standard operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-40-610, South Carolina tenants have the right to deliver written notice to a landlord who materially breaches the rental agreement or violates the habitability standards of § 27-40-440, setting a fourteen-day deadline for the landlord to remedy the problem before the lease can terminate. Tenants may also seek actual damages and injunctive relief in a magistrate's or circuit court without having to post bond, and willful noncompliance by the landlord can entitle the tenant to reasonable attorney's fees. Tenants who believe their rights under this provision have been violated may consider consulting a tenant-rights organization, a legal aid office, or a licensed South Carolina attorney to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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