South Carolina Rental Application

What information should landlords collect?

(Note: Why not save yourself a little time and energy by checking out a sample free rental application template, courtesy of TurboTenant?)

South Carolina rental applications help landlords gather key details about an applicant. Whether you use a paper form or an online application, you should collect information on the following:

• Names of the applicant, co-applicants, and co-signers
• Date of birth and Social Security number
• Email, phone number, and emergency contact
• Smoking status
• Employment status and income history
• Rental history, including past residences and landlord references
• Pets
• Vehicle information

Pre-Screener

Many landlords conduct a quick pre-screening before asking someone to complete an application. The use of pre-screeners helps save time and money by quickly identifying whether the applicant meets the basic requirements.

Pre-screeners aren’t a substitute for a full South Carolina rental application, but they can include information such as:

• Applicant’s name, phone number, and email
• Employment status
• Income verification
• Self-reported credit score
• Desired move-in date
• Number of occupants
• Pets
• Smoking status

Federal Application Laws

To protect both landlords and tenants seeking housing, several federal laws directly govern the South Carolina rental application process, and aim to create a level playing field and help ensure that housing searches remain free from discrimination.

Fair Housing Act (FHA): The Federal Fair Housing Act, passed in 1968, prohibits landlords from discriminating against applicants based on race, color, national origin, religion, sex, familial status, or disability. Landlords may not ask questions about these characteristics at any point during the application process. The FHA also forbids advertising a rental unit in a way that favors or discourages applicants based on these protected categories. These rules apply to landlords, property managers, and their employees (Fair Housing Act).

Equal Credit Opportunity Act (ECOA): The ECOA prohibits landlords from discriminating against applicants based on the same protected characteristics outlined in the FHA. In addition, landlords may not deny an application solely because the applicant receives public assistance or uses Section 8 housing vouchers (Equal Credit Opportunity Act).

Americans with Disabilities Act (ADA): The ADA prohibits landlords from discriminating against applicants or tenants with disabilities and requires them to make reasonable accommodations for tenants with disabilities (Americans with Disabilities Act).

Fair Credit Reporting Act (FCRA): The FCRA governs how landlords can use consumer reports, credit checks, and background checks when making rental decisions. Landlords must obtain the applicant’s consent before running a background check. If the landlord denies the applicant based on their credit history, they must provide an adverse action notice explaining the decision (Fair Credit Reporting Act).

Civil Rights Act of 1866: The Civil Rights Act explicitly prohibits landlords from considering race when choosing tenants (Civil Rights Act of 1866).

South Carolina Application Laws

To more clearly define how rental law works at the state level, many states have passed their own landlord-tenant laws to guide the rental process. South Carolina has its own Fair Housing Act, known as the Fair Housing Law, which covers much of the same ground as the federal version but adds specific state-level provisions.

Source of income: South Carolina landlords may not deny a rental application based on the applicant’s source of income, as long as the income is legal and verifiable. This protection includes applicants who receive public assistance or use Section 8 housing vouchers (SC Fair Housing Law).

Criminal history: South Carolina does not have specific guidelines regarding the use of criminal history in rental applications. However, federal law prohibits landlords from applying blanket denials to applicants with criminal records. Landlords must evaluate each applicant on a person-by-person basis.

Eviction history: South Carolina does not limit how landlords can consider an applicant’s eviction history.

Sexual orientation & gender identity: South Carolina does not have a state-level law that protects sexual orientation or gender identity in the housing application process.

Pets, ESAs, and Service Animals

If you allow pets in the rental unit, include a section within the application to collect those details. Landlords may not discriminate against an applicant for having an emotional support animal (ESA) or service animal, though tenants can still be held responsible for any damage the animal causes to the unit.

Pet information: This is where you can collect information about the size, weight, breed, and type of animal the applicant plans to bring, including whether it’s an ESA or service animal.

Fair Housing Act: The FHA prohibits landlords from discriminating against an applicant for having an ESA or service animal. Landlords may not charge a pet deposit, add fees, or collect additional rent for the animal. They also cannot deny an ESA or service animal based on breed, size, or weight.

Denial Process

Landlords should keep all South Carolina rental application denials consistent across all applicants to avoid potential discrimination claims. It’s legal to deny an application based on insufficient income, poor credit history, adverse rental history, criminal background (evaluated on a case-by-case basis), or incomplete or false information.

Denial notice: While South Carolina does not currently require landlords to issue a denial notice when rejecting a rental application, a bill under consideration as of March 2025 would require landlords to provide denial notices within 20 days of rejection. However, a denial notice is required if the rejection comes from information from a consumer report.

Credit/Background denials: The FCRA requires landlords to notify applicants with an Adverse Action notice when rejecting a rental application based on credit history, which must include:

• The name of the firm that processed the background or credit check
• An explanation of the applicant’s right to dispute the report
• Contact information for the reporting agency

Document storage: South Carolina does not require landlords to store rental applications for a specific period, but keeping them on file is a good practice. Doing so can help protect against future discrimination claims.