Quick Answer
Under S.C. Code Ann. § 27-40-910, you may not retaliate by raising rent above fair market value, reducing essential services, or suing for possession after a tenant complains to a code-enforcement agency about a material health or safety violation, or complains to you about a violation of the chapter. The statute lists exceptions, including tenant-caused violations and tenant nonadherence. Statute text last checked October 22, 2026.
Key Takeaways
- Three listed actions: raising rent above fair market value, reducing essential services, and suing for possession.
- Two triggers: a code-agency complaint about a material health or safety violation, or a complaint to you about a chapter violation.
- Exceptions exist. They include violations caused by the tenant, tenant material nonadherence, and code work that would effectively deprive the tenant of the unit.
- Tenant’s notice. A tenant raising the defense must notify you in writing within 10 days after service of the rule to vacate.
- Remedy. The statute allows up to three months’ rent or treble actual damages, whichever is greater, plus attorney’s fees.
1. What the Statute Lists
Section 27-40-910 turns on two kinds of complaint. One goes to a code-enforcement agency about a material health or safety violation. The other goes to you about a violation of the chapter, such as a repair duty in § 27-40-440. After either, the three listed actions are the ones the statute addresses.
2. The Exceptions
The statute lists exceptions: the violation was caused by the tenant, the tenant materially failed to comply with the lease or the law, or code work would effectively deprive the tenant of the unit. If an exception applies, write the facts down before you act.
3. Keep Two Timelines
Maintain a repair log and a notice log. A rent change or a notice that follows a repair request is easier to explain when the dates show an independent reason, such as a lease end date or an unpaid rent record, that was set before the request.
4. Fix the Repair
The best response to a valid repair request is to make the repair under § 27-40-440, document it, and keep invoices.
5. A Checklist
- Log every repair request and agency contact with the date.
- Review any planned rent change or notice against that log.
- Write the independent reason before you act.
- Finish and document the repair.
- Keep the notice, proof of delivery and the log together.
Rent Changes at Renewal
Renewal is a common point of friction. If you plan to raise rent, decide the amount from market data before any repair request arrives, and keep that analysis in the file. A comparison of similar nearby units, dated and saved, shows that the figure rests on the market and not on a recent complaint.
Dealing With a Repair Request
A repair request is a routine part of owning rentals. Acknowledge it in writing, give a date for the visit, finish the work, and record the finish date. When the work is done quickly and the file shows it, the retaliation question rarely arises.
Why Dates Matter
The statute turns on what you did after a complaint, so the order of events carries weight. Keep a single timeline that shows each complaint, each response from you, and any rent or notice decision, with dates for all of them. A tenant file with a clear timeline helps you, a mediator, or a judge see the same sequence.
What This Guide Does Not Cover
This guide covers § 27-40-910. It does not cover fair housing claims, federal rules, or the court procedure for possession. It states the statute and does not predict how a court will rule.
7. Questions Owners Ask
Can I raise the rent after a repair request? The statute addresses increases above fair market value after a complaint. Document the market basis and the timing.
Does a complaint stop me from ending the lease? Not by itself. The listed exceptions apply where the facts fit them.
What does the tenant have to do? Notify you in writing within 10 days after service of the rule to vacate, if raising the defense.