S.C. Code Ann. § 27-40-910

Retaliatory conduct prohibited

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaRetaliation Protections

Operative Text

S.C. Code Ann. § 27-40-910
(a) Except as provided in this section, a landlord shall not retaliate by increasing rent to an amount in excess of fair-market value or decreasing essential services or by bringing an action for possession after:

(1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or

(2) the tenant has complained to the landlord of a violation of this chapter.

(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possession. If the defense by the tenant is without merit, the landlord is entitled to reasonable attorney's fees. If the defense is raised in bad faith, the landlord may recover up to three month's periodic rent or treble the actual damages, whichever is greater. If the landlord recovers damages under this section, he may not also recover damages under SECTION 27-40-760.

(c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if:

(1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of his family, or other person on the premises with his permission or who is allowed access to the premises by the tenant, or

(2) there is material noncompliance by the tenant under SECTION 27-40-710 or SECTION 27-40-720; or

(3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.

(d) The maintenance of an action under subsection (c) does not release the landlord from liability under subsection (b) of SECTION 27-40-610.

(e) Notwithstanding the provisions of subsection (a) a landlord who rents more than four adjoining dwelling units on the premises may increase rent without there being a presumption of retaliation, provided that the increase applies uniformly to all tenants, or so long as the rent does not exceed the fair-market value.

(f) In an action for possession where the tenant intends to raise a defense under this section, the tenant must notify the landlord in writing within ten days after service of the Rule to Vacate or Show Cause of his intent to do so. After the tenant has filed an Answer to the Rule, the court shall hear the matter as promptly as is feasible.

(g) If the landlord retaliates against the tenant for engaging in conduct protected under section (a) by refusing to renew the lease, and if the tenant is not in default as to payment of rent, the landlord may not recover possession of the dwelling unit for seventy-five days and may not increase rent to an amount in excess of fair-market value or decrease essential services pending the recovery of the dwelling unit, provided that the tenant proves the landlord's violation of this chapter, the landlord had notice of such violation, and the landlord had notice of the tenant's complaint prior to expiration of the lease.

(h) Any landlord who acts in retaliation against the tenant for engaging in protected conduct is liable for damages up to three month's rent or treble the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees. Nothing in this section may be construed to prohibit an action for damages after a landlord has recovered possession of the dwelling unit in subsection (c), provided the ejectment was primarily in retaliation against the tenant's protected conduct.
Source: Legislative text reproduced verbatim
Plain English

Section 27-40-910 of the South Carolina Residential Landlord and Tenant Act prohibits landlords from retaliating against tenants who report housing or building code violations to a government agency or who complain to the landlord about violations of the Act. Prohibited retaliatory acts include raising rent above fair-market value, cutting essential services, or filing for eviction in response to such complaints. The law also provides that a landlord who wrongfully retaliates may be liable for damages up to three months' rent or treble actual damages, whichever is greater, plus reasonable attorney's fees, while a tenant who raises a meritless or bad-faith defense may face similar financial consequences.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under S.C. Code Ann. § 27-40-910, compliant operators are careful to document the independent, non-retaliatory business reasons behind any rent increase, service change, or eviction action, particularly when a tenant has recently filed a complaint. Landlords who rent more than four adjoining units on the same premises may apply uniform rent increases without triggering a presumption of retaliation, as long as the new rent does not exceed fair-market value. When a possession action is legitimately grounded in tenant noncompliance under §§ 27-40-710 or 27-40-720, or in code violations caused by the tenant, operators generally maintain clear records to support that basis and avoid exposure to the damages and fee-shifting provisions of § 27-40-910(h).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 27-40-910 gives tenants in South Carolina the right to complain to a government housing or building code agency—or directly to their landlord about a violation of the Act—without facing rent hikes above fair-market value, loss of essential services, or eviction as punishment. If a landlord retaliates by refusing to renew a lease and the tenant is current on rent, the provision may block the landlord from recovering possession for up to seventy-five days while the matter is resolved. Tenants who believe they are facing retaliation can raise it as a defense in an eviction proceeding (with written notice to the landlord within ten days of the Rule to Vacate), file a complaint with the relevant local or state housing code enforcement agency, or consult a tenant-rights organization to understand the full range of remedies available under § 27-40-910.

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.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 27-40-710
S.C. Code Ann. § 27-40-730
S.C. Code Ann. § 27-40-410
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-450
S.C. Code Ann. § 27-40-410
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-540
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-740
S.C. Code Ann. § 27-40-130
S.C. Code Ann. § 27-40-230
S.C. Code Ann. § 27-40-240
S.C. Code Ann. § 27-40-240

Related Rules

§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 47a-20
(Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
§ 47a-20a
Actions deemed not retaliatory.

Source Information

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