S.C. Code Ann. § 27-40-440
Landlord to maintain premises
Operative Text
(a) A landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas of the premises in a reasonably safe condition, and, for premises containing more than four dwelling units, keep in a reasonably clean condition; (4) make available running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection; (5) maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him. Appliances present in the dwelling unit are presumed to be supplied by the landlord unless specifically excluded by the rental agreement. No appliances or facilities necessary to the provision of essential services may be excluded. (b) If the duty imposed by paragraph (1) of subsection (a) is greater than any duty imposed by any other paragraph of that subsection, the landlord's duty must be determined by reference to paragraph (1) of subsection (a). (c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraph (5) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. (d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (1) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord; (2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section; (3) the agreement does not diminish or affect the obligations of the landlord to other tenants in the premises.
Section 27-40-440 of the South Carolina Residential Landlord and Tenant Act establishes a baseline set of maintenance obligations that landlords must meet throughout a tenancy. These include complying with health and safety codes, keeping the premises habitable and in good repair, maintaining common areas, providing running water and heat, and keeping all supplied systems and appliances in safe working order. Appliances present in a unit are presumed to be the landlord's responsibility unless the rental agreement explicitly excludes them, though essential-service appliances can never be excluded. In limited circumstances, written agreements may shift certain maintenance tasks to tenants, but only if made in good faith and not as a way to sidestep the landlord's core obligations.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-440, compliant property operators generally conduct routine inspections to ensure all electrical, plumbing, heating, ventilating, and air conditioning systems remain in safe working order, and they respond promptly to repair requests that affect habitability. Operators of buildings with more than four dwelling units also keep common areas reasonably clean in addition to reasonably safe. When a landlord wishes to shift specific maintenance tasks to a tenant in writing, the arrangement must be entered into in good faith, must not be used to circumvent habitability obligations, and — for multi-unit properties — must not affect the landlord's duties to other tenants in the building.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-440 gives South Carolina tenants the right to a habitable dwelling with functioning utilities, safe common areas, and properly maintained appliances and systems throughout the tenancy. If a landlord fails to meet these standards, tenants generally have remedies available under the broader South Carolina Residential Landlord and Tenant Act, such as raising the landlord's noncompliance as a defense in an eviction proceeding or pursuing repair-and-deduct or rent-withholding remedies where applicable. Tenants who believe their landlord is using a written maintenance agreement to evade obligations under § 27-40-440 may wish to consult a tenant-rights organization or legal aid office to understand what options may be available.
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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