South Carolina Rental Application

What information should landlords collect?

South Carolina application forms help landlords gather key details about an applicant. Whether you use a paper form or a fillable online application, you should always collect the following:

• Personal information: Names of the applicant, co-applicants, and co-signers, date of birth, Social Security numbers, email, phone numbers, emergency contacts, and smoking status
• Employment status and income: Professional references, employment status, and monthly income
• Rental history: Current and past residences, along with landlord references
• Pets: Number, type, size, breed, and whether any qualify as a service animal or emotional support animal (ESA)
• Vehicle information: Number, make, and model of any vehicles the tenant will have on-site

Free resource: Save time and energy by checking out a free application template that complies with South Carolina and federal laws, courtesy of TurboTenant. By creating a free account, landlords gain access to a full suite of tools to support the leasing process, including applications, lease agreements, and more.

Pre-Screener

Many landlords conduct a quick pre-screening before asking an interested party to complete an application. Using a residential pre-screener helps save time and money by quickly identifying whether an applicant meets the landlord’s basic rental criteria.

While pre-screeners should never be a substitute for a full South Carolina rental application or tenant screening, they uncover information like:

• The applicant’s name, phone number, and email,
• Employment status,
• Income verification,
• Self-reported credit score,
• Desired move-in date,
• Number of occupants,
• Pet information,
• Smoking status,
• And more.

Collecting this information up front helps landlords filter out applicants who don’t meet their criteria and instead focus on those more likely to qualify.

Federal Application Laws

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

Fair Housing Act (FHA): The FHA prohibits landlords from discriminating against applicants on the basis of 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 law 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 anyone else involved in the screening process (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): The ECOA prohibits landlords from discriminating against applicants on the same protected characteristics as the FHA. In addition, landlords may not deny an application solely because the applicant receives public assistance or uses Section 8 housing vouchers (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): This longstanding federal law prohibits landlords from discriminating against applicants or tenants with disabilities and requires them to make reasonable accommodations for disabled tenants. Required accommodations include permitting service animals to live in a pet-free rental unit or allowing the tenant to install a wheelchair ramp on the property (42 U.S.C. §§ 12101–12213).

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 also obtain the applicant’s consent before running a background check. If the landlord denies the applicant based on the applicant’s credit history, they must also provide an adverse action notice explaining the decision (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: This law explicitly prohibits landlords from considering race or color when choosing tenants (42 U.S.C. § 1981).

South Carolina Application Laws

In addition to federal law, many states have passed their own landlord-tenant laws to guide the rental application process. South Carolina has its own Fair Housing Law, which covers much of the same ground as the federal FHA but adds specific, state-level standards (S.C. Code Ann. § 31-21-10 et seq.).

Source of income: Landlords may not deny a rental application based on the applicant’s source of income, provided the income is legal and verifiable. This protection includes applicants who receive public assistance or use Section 8 housing vouchers (S.C. Code Ann. § 31-21-10 et seq.).

Criminal history: South Carolina does not have specific guidelines for how landlords must use criminal history in rental applications. However, federal law prohibits blanket denials for applicants with criminal records, so landlords should evaluate each applicant on a case-by-case 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 tenants based on sexual orientation or gender identity during the housing application process, though federal FHA interpretations of sex discrimination may still extend protections.

Pets, ESAs, and Service Animals

Whether or not a landlord allows pets in a rental unit, they should include a section in the application form to collect details about any animals the tenant plans to bring.

Additionally, landlords cannot discriminate against an applicant for having an emotional support animal (ESA) or service animal. However, tenants can still be held liable for any damage the animal causes to the unit.

Pet information: Collect details 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 because they have an ESA or service animal. Landlords may not charge a pet deposit, additional fees, or pet rent for the animal, either, and cannot deny a tenant based on the qualified animal’s type, breed, size, or weight.

Denial Process

South Carolina landlords can legally 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: South Carolina landlords do not have to provide applicants with a denial notice unless required under the FCRA.

Credit/Background denials: The FCRA requires landlords to notify applicants with an adverse action notice if they reject a rental application based on information in the tenant’s credit report. The adverse action notice 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, and
• Contact information for the reporting agency (15 U.S.C. § 1681m).

Document storage: South Carolina does not require landlords to retain denied rental applications and screening reports for a specific period, but keeping these documents on file for up to 2 years is a smart move that can help protect landlords against future discrimination claims.