S.C. Code Ann. § 44-53-1440
Restriction on rental; existing occupants
Operative Text
A person must not rent or offer for occupancy a dwelling or dwelling unit to be occupied by children which has been posted and ordered remediated of lead-based hazards until the identified hazards have been remediated. If the presence of the lead-based hazard becomes known when the dwelling or dwelling unit is already rented to a family with children, the family of the children must not be evicted for that reason.
Under S.C. Code Ann. § 44-53-1440, a dwelling or dwelling unit that has been officially posted and ordered to have its lead-based hazards remediated cannot be rented or offered for occupancy to households with children until those hazards have actually been remediated. At the same time, the law protects existing tenants: if a lead-based hazard is discovered after a family with children is already living in the unit, that family cannot be evicted solely because of the hazard's presence.
Plain English — not legal advice.
S.C. Code Ann. § 44-53-1440 places a clear hold on rental activity for units that have been posted and ordered remediated for lead-based hazards — compliant operators complete all required remediation before marketing or leasing such units to households with children. Operators also recognize that discovering a lead hazard in an already-occupied unit does not create grounds to remove a family with children; evicting tenants for that reason would itself constitute a violation. Maintaining thorough records of remediation completion and inspection results is a practice commonly associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 44-53-1440 gives families with children an explicit protection against being evicted because a lead-based hazard was found in their home after they moved in. If a landlord attempts to remove a family on those grounds, tenants may be able to raise this statutory protection as a defense in eviction proceedings. Tenant-rights organizations and legal aid offices familiar with South Carolina housing law can help families understand the options available to them under this provision.
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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