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As a landlord in Charleston, South Carolina, you must adhere to both state and local regulations. This guide outlines key rules that override or add to South Carolina law, ensuring your property management practices are legally compliant.
Permitting, Zoning, or Statutory Basis
Charleston Landlord Ordinances
Charleston’s municipal ordinances supplement South Carolina law, providing specific requirements for landlords. These include eviction procedures, notice periods, and tenant screening guidelines.
State Law Precedence
Under South Carolina law, landlords must comply with federal and state statutes. For example, the Fair Housing Act (42 U.S.C. § 3601 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) apply to all landlords, regardless of local regulations.
Lease Clauses, Notice Periods, and Timing Requirements
Eviction Notices
In Charleston, landlords must provide eviction notices that comply with both state and local laws. For nonpayment of rent, a 3-day notice is required before filing an unlawful detainer action (Cal. Civ. Proc. Code § 1161(2)). This notice period begins on the day after service of the notice and excludes weekends and judicial holidays.
Lease Termination Notices
For periodic tenancies, landlords must provide minimum notice periods. For tenants with less than one year of residency, a 30-day notice is required (Cal. Civ. Code § 1946.1(b)). For tenants with one year or more of residency, a 60-day notice is necessary (Cal. Civ. Code § 1946.1(c)).
Special Notices
For Section 8 Housing Choice Voucher tenants, landlords must provide a 90-day notice before terminating the tenancy (Cal. Civ. Code § 1954.535). Additionally, landlords must notify tenants of their right to a pre-move-out inspection within 14 days of receiving notice to vacate (Cal. Civ. Code § 1950.5(f)(1)).
Defensible Record-Keeping & Compliance Checklist
Security Deposit Management
To avoid disputes and legal issues, landlords must maintain detailed records of security deposits. This includes:
- Receipts: Keep all receipts for any deductions exceeding $125 (Cal. Civ. Code § 1950.5(g)(2)).
- Itemized Statements: Provide an itemized statement of proposed repairs/cleaning immediately following the pre-inspection (Cal. Civ. Code § 1950.5(f)(2)).
- Final Receipts: If repairs cannot be completed in 21 days, send a final receipt within 14 days (Cal. Civ. Code § 1950.5(g)(3)).
Lease Agreements
Ensure all lease agreements include:
- AB 1482 Disclosure: Exempt single-family residential leases must contain the statutory AB 1482 exemption disclosure notice (Cal. Civ. Code § 1947.12(d)(5)).
- Bedbug Information: Provide tenants with the statutory bedbug information sheet (Cal. Civ. Code § 1954.603).
- Megan’s Law: Include the statutory Megan’s Law sex offender database notice (Cal. Civ. Code § 2079.10a).
- Proposition 65: If applicable, provide a clear and reasonable warning addendum for known chemical carcinogens or toxins (Cal. Health & Safety Code § 25249.6).
Screening and Application Fees
- Adverse Action Notices: Provide written adverse action notices when denying or conditioning applications based on consumer reports (Cal. Civ. Code § 1785.20(a)).
- Screening Fee Capping: Cap screening fees at the actual out-of-pocket cost or the annual statutory CPI ceiling (~$62.02 in 2024-2026) (Cal. Civ. Code § 1950.6(b)).
- Itemized Receipts: Provide an itemized receipt of screening costs and refund unused fees if screening is not performed (Cal. Civ. Code § 1950.6(d)).
Compliance with Local Ordinances
- Eviction Procedures: Follow Charleston’s local eviction laws, including the requirement for a 30-day notice before filing an unlawful detainer action (S.C. Code § 27-37-10).
- Tenant Screening: Ensure tenant screening processes comply with local and state laws, including background checks and credit verifications.
- Notice Periods: Adhere to Charleston’s notice period requirements for various lease terminations and eviction notices.
By following these guidelines, landlords in Charleston can ensure their property management practices are legally compliant and reduce the risk of disputes and legal issues.