How LITUS To Let Works for Landlords and Tenants in South Carolina

What LITUS To Let is and who runs it

LITUS To Let is a landlord-tenant dispute resolution program run by the South Carolina Judicial Department. It offers a structured way for landlords and tenants to resolve disagreements—mainly about rent, repairs, lease terms, and security deposits—without going to court. The program is available statewide and handles cases through mediation and, if needed, binding arbitration.

The program operates through local court systems. When a landlord or tenant files a case with LITUS To Let, it is assigned to a neutral third party who listens to both sides and helps them reach an agreement. If mediation does not work, an arbitrator makes a final decision that both parties must follow.

LITUS To Let is designed to be faster and less expensive than a traditional lawsuit. Cases typically move through the process in weeks rather than months, and the costs are lower than hiring an attorney for court proceedings.

Key Takeaways

• LITUS To Let is a South Carolina court-based program that resolves landlord-tenant disputes through mediation and arbitration instead of court trials.
• The program handles disagreements over rent, repairs, lease violations, security deposits, and other lease-related issues.
• Either a landlord or a tenant can file a case, and both must participate in the mediation process before an arbitrator makes a binding decision.
• The process typically takes several weeks and costs less than going to court, with filing fees and arbitrator costs split between the parties or determined by the arbitrator.
• You can find the LITUS To Let office serving your county through the South Carolina Judicial Department website or by contacting your local courthouse.

When to use LITUS To Let instead of small claims court

LITUS To Let and small claims court both handle disputes without requiring a full trial, but they work differently. Small claims court is faster for straightforward money disputes under a certain dollar amount, while LITUS To Let is better suited for cases where the relationship between landlord and tenant matters or where the dispute involves lease interpretation.

If you are a tenant seeking repairs or a landlord dealing with a non-paying tenant, LITUS To Let gives you a chance to explain your side to someone trained in landlord-tenant law. The arbitrator understands lease language and local housing codes, which a small claims judge may not. If you want to preserve the rental relationship or need a decision based on lease terms rather than just money owed, LITUS To Let is often the better choice.

Small claims court works faster if you simply need a judgment for unpaid rent and do not care whether the tenant stays. LITUS To Let requires both parties to show up and participate, so it is not useful if you cannot locate the other party or if they refuse to engage.

How to file a case with LITUS To Let

To start a LITUS To Let case, you file a complaint with the program office in the county where the rental property is located. You will need the other party's name and address, a copy of the lease (if one exists), and a written description of the dispute. The filing fee varies by county but is typically modest—usually between $50 and $150.

After you file, the program notifies the other party and schedules a mediation session. Both you and the other party must attend. Bring any documents that support your case: rent payment records, repair requests, photographs, text messages, emails, or lease amendments. The mediator will meet with each side separately and together to explore whether a settlement is possible.

If mediation does not resolve the dispute, the case moves to arbitration. The arbitrator reviews the evidence and arguments from both sides and issues a written decision. This decision is binding, meaning both parties must follow it. You cannot appeal an arbitration decision to a higher court except in rare circumstances, such as fraud or misconduct by the arbitrator.

What happens during mediation

Mediation is the first step in most LITUS To Let cases. A trained mediator meets with you and the other party to understand the dispute and explore solutions. The mediator does not decide who is right or wrong—instead, they help both sides communicate and find common ground.

You will have a chance to explain your position, present documents, and hear the other party's perspective. The mediator may suggest compromises, such as a payment plan for back rent, a timeline for repairs, or a partial refund of a security deposit. If both sides agree to a settlement, the mediator puts it in writing and both parties sign it. That agreement is enforceable in court if someone breaks it later.

Mediation is confidential. What you say during mediation cannot be used against you later if the case goes to arbitration. This confidentiality encourages both sides to speak openly and explore settlement options without fear of those words being held against them.

What happens during arbitration

If mediation does not result in a settlement, the case proceeds to arbitration. An arbitrator—a neutral person trained in landlord-tenant law—hears evidence and arguments from both sides. You can present documents, photographs, repair estimates, lease language, and witness testimony. The arbitrator may ask questions to clarify the facts.

Unlike a court trial, arbitration is usually informal. There are no strict rules of evidence, and you do not need an attorney (though you can bring one). The arbitrator focuses on the lease terms, South Carolina landlord-tenant law, and the facts of your specific situation.

After hearing both sides, the arbitrator issues a written decision that explains the ruling and the reasoning behind it. The decision is final and binding. If the arbitrator rules in your favor, the other party must comply with the decision. If they do not, you can take the arbitration award to court to enforce it.

Costs and timeline for LITUS To Let cases

Filing fees for LITUS To Let vary by county. Most counties charge between $50 and $150 to file a complaint. If the case goes to arbitration, there is an additional arbitrator fee, which is typically split between the two parties or charged according to the arbitrator's schedule. Some counties allow the arbitrator to order one party to pay all or part of the costs if that party loses.

The entire process—from filing to a final arbitration decision—usually takes four to eight weeks, depending on how quickly both parties can attend mediation and arbitration sessions. This is much faster than a court lawsuit, which can take several months or longer. If mediation succeeds, you may have a settlement within two to three weeks.

You do not have to hire an attorney to use LITUS To Let, which saves money. However, if your case is complex or involves a large amount of money, you may choose to have an attorney represent you. The cost of an attorney is your own responsibility unless the arbitrator orders the other party to pay it.

Finding the LITUS To Let office in your county

LITUS To Let offices are located in courthouses across South Carolina. To find the office serving your county, visit the South Carolina Judicial Department website and search for "LITUS To Let" or contact your local courthouse directly. The courthouse staff can tell you the filing address, hours, and any specific forms you need to complete.

Some counties also offer information about LITUS To Let through their county government websites or through legal aid organizations. If you are unsure which county office to contact, call the courthouse in the county where the rental property is located—they will direct you to the right program office.

Many LITUS To Let offices accept filings in person, by mail, or online, depending on the county. Ask when you call or visit whether your county offers online filing, as this can speed up the process.

Frequently Asked Questions

Can I use LITUS To Let if I do not have a written lease?

Yes. LITUS To Let handles disputes even when there is no written lease. South Carolina law implies certain duties for landlords and tenants—for example, a landlord must maintain habitable conditions and a tenant must pay rent on time. If you do not have a written lease, the arbitrator will apply these legal duties and any oral agreements you can prove with evidence like text messages, emails, or witness testimony.

What if the other party does not show up to mediation or arbitration?

If the other party fails to appear without a valid reason, the arbitrator can issue a default decision in your favor. However, the absent party may later challenge the decision if they can show they had a legitimate reason for missing the session. It is best to notify the program office immediately if the other party does not appear so the arbitrator can decide how to proceed.

Can I appeal an arbitration decision?

Arbitration decisions are final and binding, and you generally cannot appeal them to a higher court. The only exceptions are rare cases involving fraud, misconduct by the arbitrator, or a decision that violates South Carolina law. If you believe one of these exceptions applies, you can ask a court to review the arbitration award, but this is uncommon.

Do I need an attorney to use LITUS To Let?

No. LITUS To Let is designed to work without attorneys, and many people represent themselves successfully. However, if your case involves complex lease language, a large amount of money, or multiple legal issues, you may want an attorney's help. You can bring an attorney to mediation and arbitration if you choose to hire one.

What types of disputes does LITUS To Let handle?

LITUS To Let handles most landlord-tenant disagreements, including unpaid rent, failure to make repairs, lease violations, security deposit disputes, eviction-related issues, and disagreements over lease terms. It does not handle criminal matters or disputes that do not involve a lease or rental relationship. If you are unsure whether your dispute qualifies, contact your local LITUS To Let office.