Pet Deposits, Pet Rent & ESA Rules in South Carolina 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what South Carolina landlords can and cannot ask.
In South Carolina, your ordinary pet policy is mostly a matter of the lease, but service animals and emotional support animals (ESAs) are not pets and sit under a different set of rules. Two 2019 changes matter most: S.C. Code Ann. § 31-21-70 (the South Carolina Fair Housing Law) spells out the accommodation and documentation process for assistance animals in housing, and S.C. Code Ann. § 47-3-980 makes it unlawful to fake a service animal. Both took effect May 16, 2019 under 2019 Act No. 44 (S.281). Federal law, the Fair Housing Act and HUD guidance, sets the floor, and South Carolina largely tracks it while adding a documentation standard and the misrepresentation penalty. This page separates the three categories so you can write a defensible policy and respond correctly to an accommodation request.
How South Carolina Treats Pet Deposits
South Carolina has no statutory cap on the security deposit or pet deposit. S.C. Code § 27-40-410 governs return but sets no maximum.
Ordinary pets: the lease controls, with no state cap
For a normal pet, a dog or cat with no disability role. South Carolina gives you wide latitude. There is no state statute capping pet deposits, pet fees, or pet rent, and no statewide law barring breed or weight restrictions. Whatever you put in the lease governs: you can require a pet deposit, charge monthly pet rent, cap the number or size of animals, exclude specific breeds, or run a no-pets property. The South Carolina Residential Landlord and Tenant Act (§ 27-40-10 et seq.) does not add pet-specific rules, so this is contract territory. Put every pet term in writing, apply it consistently across applicants to stay clear of fair-housing discrimination claims, and remember that none of these ordinary-pet levers apply once an animal qualifies as a service animal or ESA.
Service animals and ESAs are not pets
Under the Fair Housing Act and HUD guidance, a verified assistance animal is not a pet, and that reclassification drives the rules that follow. South Carolina defines the two federal categories in § 47-3-920: a service animal is a dog or miniature horse trained to do work or perform tasks directly related to a person's disability, while an emotional support animal is one intended to provide companionship and reassurance. The statute is explicit that emotional support, well-being, comfort, or companionship do not, by themselves, constitute the work or tasks of a service animal. The practical effect for housing is the same for both categories: you cannot charge a pet deposit, pet fee, or pet rent for an approved assistance animal, even if your lease reserves those charges for ordinary pets, and your breed, size, and weight limits do not apply to it.
The two questions you may ask, and the documentation you may request
Section 31-21-70 tells you exactly what you can ask when an animal is not an obvious, visibly-trained service animal. You may ask two things: (1) does the person have a disability that substantially limits one or more major life activities, and (2) is there a disability-related need for the animal? You may request documentation to verify those answers, and the statute sets the bar: documentation is sufficient if it establishes the individual has a disability and that the animal will provide disability-related assistance or emotional support. You cannot demand medical records, a specific diagnosis, a certification or registration ID, or proof of professional training. For a dog that is obviously a trained service animal, do not ask for paperwork at all. Handle each request individually and document your decision and timing, a slow or ignored request can itself be a fair-housing violation.
When you can still say no
The accommodation duty is not unlimited. You may deny a request when the specific animal poses a direct threat to the health or safety of others that cannot be reduced by another reasonable accommodation, or when it would cause substantial physical damage to property. This must rest on that individual animal's conduct or history, not on breed reputation, size, or a general fear of the type of animal. You may also decline if the person has no disability or no disability-related need, or if the documentation does not meet the § 31-21-70 standard. Separately, an accommodation does not waive the tenant's liability for actual damage the animal causes: while you cannot charge a pet deposit up front, you can bill for repairing real damage the animal does, just as with any tenant-caused damage. The tenant also remains responsible for the animal's behavior, cleanup, and control on the property.
Faking a service animal: § 47-3-980 penalties
South Carolina backs the rules with a misrepresentation statute. Under § 47-3-980, it is unlawful to intentionally misrepresent an animal as a service animal or service-animal-in-training to obtain a right or privilege afforded to a person with a disability, when the person knows the animal does not qualify. Penalties are fines only, up to $250 for a first offense, up to $500 for a second, and up to $1,000 for a third or subsequent offense, with no jail time. Note the limits for landlords: the statute targets misrepresenting an animal as a service animal, and it is enforced through the courts, not by you unilaterally. It does not license you to reject a genuine ESA request, and there is no parallel state fraud penalty aimed specifically at ESA housing requests. Your safer path is to follow the § 31-21-70 process, keep records, and let the documentation standard do the screening rather than accusing an applicant of fraud.
The Cost of Mishandling a South Carolina ESA Request
The most common mistake in South Carolina ESA cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more documentation than HUD permits, or imposes a pet fee on an accepted assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied on its merits.
City-Level Eviction Risk in South Carolina
Pet-related eviction filings correlate with overall landlord-tenant litigation rates. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671.
- HUD guidance: HUD FHEO Notice 2020-01 (Jan 28, 2020), assistance animals as a reasonable accommodation.
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- South Carolina pet deposit rule: S.C. Code § 27-40-710.
Related Guides for South Carolina Landlords
This page reflects South Carolina statutes in effect as of 2026: the South Carolina Fair Housing Law (S.C. Code Ann. § 31-21-70), the service-animal and emotional-support-animal definitions in § 47-3-920, and the service-animal misrepresentation penalty in § 47-3-980, all as amended by 2019 Act No. 44 (S.281), effective May 16, 2019. It also reflects the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), HUD assistance-animal guidance, and the ADA service-animal definition (28 C.F.R. § 36.104), which set the baseline South Carolina builds on. This is general information for landlords, not legal advice; assistance-animal and fair-housing disputes turn on specific facts, and you should confirm current code text and consult a South Carolina attorney before denying a request or charging a fee.
Frequently Asked Questions
Can a South Carolina landlord charge a pet deposit for an emotional support animal?
No. Under the Fair Housing Act and HUD guidance, a verified assistance animal, including an ESA, is not a pet, so you cannot charge a pet deposit, pet fee, or pet rent for it, even if your lease imposes those charges on ordinary pets. You can still bill the tenant for actual damage the animal causes.
What can I ask a tenant who requests an emotional support animal in SC?
Section 31-21-70 lets you ask two things when the animal isn't an obvious service animal: whether the person has a disability that substantially limits a major life activity, and whether there is a disability-related need for the animal. You may request documentation, which is sufficient if it establishes a disability and that the animal provides disability-related assistance or emotional support. You cannot demand a diagnosis, medical records, or a registration ID.
Do my breed and weight restrictions apply to a service animal or ESA?
No. Breed, size, and weight limits and species restrictions do not apply to assistance animals under HUD guidance. You may only object to a specific animal based on individualized evidence that it is a direct threat to others' safety or would cause substantial physical damage, not because of its breed or size.
What counts as a service animal versus an ESA under South Carolina law?
Under § 47-3-920, a service animal is a dog or miniature horse trained to do work or tasks directly tied to a person's disability. An ESA is an animal that provides companionship and reassurance. The statute states that emotional support, comfort, or companionship alone do not make an animal a service animal, but both categories are still protected assistance animals in housing.
Is it illegal to fake a service animal in South Carolina?
Yes. Section 47-3-980 makes it unlawful to intentionally misrepresent an animal as a service animal or service-animal-in-training to obtain a disability-related privilege. Fines run up to $250 for a first offense, $500 for a second, and $1,000 for a third or later offense, with no jail time. It is enforced through the courts, and it does not give landlords grounds to reject a legitimate ESA request.
Can I ever deny an assistance-animal request in South Carolina?
Yes, in limited situations: if the specific animal is a direct threat to health or safety that can't be reduced by another accommodation, if it would cause substantial physical damage to property, or if the person has no disability or no disability-related need and the documentation doesn't meet the § 31-21-70 standard. Denials must be based on the individual animal or request, not on breed or general assumptions.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: S.C. Code § 27-40-710. Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed South Carolina attorney before refusing any request.