Retaliatory Eviction
S.C. Code 27-40-910 — no rent hike, cut service or eviction for a complaint
After a complaint. A landlord may not retaliate by raising rent above fair market value, decreasing essential services, or bringing an action for possession after the tenant has complained to a code enforcement agency about a violation materially affecting health and safety, or complained to the landlord of a violation of the chapter.
A landlord who retaliates is liable for up to three months' rent or treble the actual damages, whichever is greater, and reasonable attorney's fees. A tenant who means to raise retaliation as a defense in an eviction notifies the landlord in writing within ten days after the rule to vacate or show cause is served.
- The code violation was caused mainly by lack of reasonable care by the tenant, a family member or a guest.
- The tenant is in material noncompliance under the sections on the tenant's breaches.
- Fixing the violation needs alteration, remodeling or demolition that would effectively deprive the tenant of the unit.
Those are the cases where a landlord may still bring an action for possession. A landlord with more than four adjoining units may raise rent uniformly for all tenants, or to no more than fair market value, without a presumption of retaliation.
Where a landlord retaliates by refusing to renew and the tenant is current on rent, the landlord may not recover the unit for seventy five days, on the proof the section requires. A defense raised in bad faith can cost the tenant fees and damages. Whether particular conduct was retaliation is a question for a licensed South Carolina attorney.
Sources for this section (1)
- S.C. Code 27-40-910 — Retaliatory conduct prohibited
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.