S.C. Code Ann. § 27-40-630
Wrongful failure to provide essential services
Operative Text
(a) If the landlord is negligent or wilful in failing to provide essential services as required by the rental agreement or SECTION 27-40-440, the tenant may give written notice to the landlord specifying the breach and may: (1) procure reasonable amounts of the required essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or (2) recover damages based upon the diminution in the fair-market rental value of the dwelling unit and reasonable attorney's fees. (b) If the tenant proceeds under this section, he may not proceed under SECTION 27-40-610 as to that breach. (c) Under no circumstances should this section be interpreted to authorize the tenant to make repairs on the rental property and deduct the cost of the repairs from rent. In the event that the tenant unlawfully acts without the landlord's consent and authorizes repairs, any mechanic's lien arising therefrom shall be unenforceable. (d) Rights of the tenant under this section do not arise until he has given notice to the landlord and the landlord fails to act within a reasonable time or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with the tenant's permission or who is allowed access to the premises by the tenant.
Under S.C. Code Ann. § 27-40-630, when a landlord negligently or willfully fails to supply essential services required by the lease or § 27-40-440, the law provides tenants with specific remedies. A tenant who gives written notice of the breach may either obtain those essential services independently and deduct the actual, reasonable cost from rent, or seek damages reflecting the reduction in the unit's fair-market rental value along with reasonable attorney's fees. Importantly, this provision does not permit tenants to make physical repairs to the property and deduct those costs, and any mechanic's lien arising from unauthorized repairs is unenforceable.
Plain English — not legal advice.
Property owners and managers subject to § 27-40-630 generally maintain continuous provision of essential services as required by the lease and § 27-40-440 to avoid triggering tenant remedies. Compliant operators typically respond promptly after receiving written notice of a service failure, since tenant rights under this section do not activate until notice is given and a reasonable response period has passed. Keeping records of maintenance requests, repair timelines, and communications helps demonstrate that any service disruption was addressed in a timely manner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-630 gives tenants whose landlords negligently or willfully fail to provide essential services the option to procure those services themselves and deduct the reasonable cost from rent, or to pursue damages based on diminished rental value plus attorney's fees. Rights under this section arise only after written notice is delivered to the landlord and the landlord fails to act within a reasonable time. Tenant-rights organizations and legal aid offices can help tenants understand which remedy path fits their circumstances.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation