What remedies does the law in South Carolina provide to the landlords to deal with unruly tenants?

Full question:

My tenant, who has rented the apartment on a monthly renewable lease, has managed to destroy the wall cabinets and wardrobes beyond repair. They will have to be replaced which is a very costly affair for me. What remedies does the law in South Carolina provide to us landlords to deal with unruly tenants like them?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: South Carolina

Answer:

In Carolina, the tenant has certain obligations of due diligence upon him while using the rented premises. They also have to follow certain rules and regulations that the landlord might have per the lease agreement. These obligations/duties of the tenants are enumerated in S.C. Code Ann. § 27-40-510 which reads:
 

“A tenant shall:
(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean;
(3) dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner;
(4) keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean;
(5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;
(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant's permission or who is allowed access to the premises by the tenant;
(7) conduct himself and require other persons on the premises with the tenant's permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant's peaceful enjoyment of the premises;
(8) comply with the lease and rules and regulations which are enforceable pursuant to § 27-40-520.”

When the property sustains damages due the negligence of the tenant, per S.C. Code Ann. § 27-40-720 the landlord may ask the tenant to repair and restore the property to its original state. The landlord may also engage professional help and repair the damages and ask the tenant to reimburse the amount spend for the repairs.

S.C. Code Ann. § 27-40-720 reads:

“(a) If there is noncompliance by the tenant with Section 27-40-510 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and the tenant shall reimburse the landlord for the cost and, in addition, the landlord shall have the remedies available under this chapter.
(b) If there is noncompliance by the tenant with § 27-40-510 materially affecting health and safety other than as set forth in subsection (a) above, and the tenant fails to comply as promptly as conditions require in case of emergency, or within fourteen days after written notice by the landlord if it is not an emergency, specifying the breach and requesting that the tenant remedy within that period of time, the landlord may terminate the rental agreement.”

Also, S.C. Code Ann. § 27-40-410 states that the landlord may reduce any amount for the damages caused beyond the ordinary wear and tear from the security deposit amount. It reads:
 

“(a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.
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