South Carolina § 27-40-630 - Wrongful failure to provide essential services.
Full text of South Carolina South Carolina Code of Laws § 27-40-630 — Wrongful failure to provide essential services., with citation guidance and answers to common questions.
§ 27-40-630. Wrongful failure to provide essential services.
(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.
HISTORY: 1986 Act No. 336, SECTION 1.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 27-40-630
What does South Carolina Code of Laws § 27-40-630 cover?
Section 27-40-630 ("Wrongful failure to provide essential services.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 27-40-630?
A common citation format is "South Carolina Code of Laws § 27-40-630" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 27-40-630 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.