South Carolina Residential Lease Agreement
Before entering a South Carolina lease agreement, landlords and tenants should understand a few basics. Such an agreement, commonly called a lease, is a contract between landlords and tenants that typically includes:
- The names of the parties
- A description of the leased property
- The amount of rent due
- The length of the lease
The purpose of the lease agreement is to spell out the rights and responsibilities of all involved parties, helping to avoid potential disputes later down the line.
South Carolina Lease Agreement
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South Carolina Landlord-Tenant Law
Landlord-tenant laws vary from state to state. Therefore, it would behoove both landlords and tenants in South Carolina to familiarize themselves with their state’s laws before drafting or signing a lease.
The South Carolina Residential Landlord and Tenant Act dictates how landlords should draft their leases. It addresses subjects such as security deposits, nonpayment of rent, and termination. Understanding these laws is essential for creating a legally binding lease that protects both parties and aligns with state requirements.
Creating a legally binding lease agreement can seem daunting, but TurboTenant makes it easy for South Carolina landlords to produce legally binding rental contracts. Start drafting a lease that adheres to the state’s landlord-tenant laws today.
Required Landlord Disclosures (3)
The only federally required landlord disclosure requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.
The South Carolina legislature requires the rest of the disclosures below.
- Landlord’s Contact Info: South Carolina law requires that leases contain the name and address of the landlord or their authorized agent. Should such information change, the landlord must notify the tenant (SC Code § 27-40-420).
- Unequal Deposits: When a South Carolina landlord owns four or more adjoining units in the same building, they must collect the same security deposit amount from all tenants. Otherwise, the calculation behind the discrepancy must be posted in a conspicuous place on the property or disclosed in the lease agreement (SC Code § 27-40-410).
Landlords who fail to provide these disclosures risk facing legal consequences and/or monetary penalties, the latter of which could run as high as tens of thousands of dollars for each violation.
Security Deposit Regulations
Maximum Security Deposit Amount: In South Carolina, landlords can charge whatever amount they deem appropriate for a security deposit.
Receipt of Deposit: South Carolina landlords are not required to give tenants a security deposit receipt.
Deduction Tracking: Landlords must provide an itemized written notice of any security deposit deductions, along with any amount owed, within 30 days after the tenancy ends, possession is returned, and the tenant makes a demand (SC Code § 27-40-410).
Returning a Tenant’s Security Deposit: Tenants must provide landlords a written forwarding address to send any notice and the deposit amount that’s due. If the tenant fails to do so, they cannot claim damages if the landlord was unaware of the tenant’s location and sent notice along with any amount owed to the tenant’s last known address (SC Code § 27-40-410).
Landlord’s Access to Property
Advance Notice: Excluding emergencies, regularly scheduled maintenance laid out in the lease, and repairs requested by the tenant, landlords must provide tenants with at least 24 hours’ notice of their intention to enter and may then only enter at reasonable times (SC Code § 27-40-530).
Immediate Access: A landlord can only enter a property immediately in emergencies. Even with periodic maintenance defined in the lease or service calls made by the tenant, landlords must at least announce their intent to enter before entering (SC Code § 27-40-530).
Landlord Harassment: Landlords are forbidden from harassing or abusing their legally defined right to access their property (SC Code § 27-40-530).
Rent Payment Laws
Grace Period: Tenants have 5 days from their lease-defined due date to pay rent before landlords may terminate the rental agreement (SC Code § 27-40-710).
Late Rent Fees: At present, South Carolina has not passed any laws regulating late fees.
Tenant’s Right to Withhold Rent: South Carolina law does not provide an automatic right to withhold rent. That said, tenants may still pursue remedies to habitability issues by following procedures defined by the law (SC Code § 27-40-610).
Breach of Rental Agreement
Missed Rent Payment: South Carolina landlords can terminate a lease after 5 days of nonpayment if they provide proper notice. If such notice is provided once or the lease agreement already includes it, no further notice is required before landlords can proceed with eviction. This applies to both fixed-term and month-to-month tenancies (SC Code § 27-40-710).
Lease Violation: If a tenant violates the terms of their lease, a South Carolina landlord should provide the tenant with a written notice identifying the breach and allowing time to remedy it. If the breach remains unresolved, the landlord may pursue legal action (SC Code § 27-40-710).
Self-Help Evictions: So-called “self-help evictions,” which commonly involve changing locks, removal of belongings, or other no-cause ousters of tenants, are illegal in South Carolina. Landlords must follow formal eviction procedures through the court system (SC Code § 27-40-660).
Lease Abandonment: If tenants abandon a rental property before their lease ends, they may still be financially liable for rent owed until the lease expires or the unit is re-rented (SC Code § 27-40-730).
Ending a Lease
Month-to-Month: In South Carolina, both landlords and tenants may terminate a month-to-month lease by giving written notice to the other party at least 30 days before the termination date set out in the notice (SC Code § 27-40-770).
Fixed-Term: Tenants are legally allowed to break a fixed-term lease before its end date only under certain circumstances, which include active military duty, uninhabitable living conditions, and landlord harassment (The Servicemembers Civil Relief Act & SC Code § 27-40-610 & § 27-40-780).
Property Abandonment: Landlords can dispose of abandoned tenant property worth $500 or less without notice. They must follow specific procedures for more valuable property but are generally not liable for disposal unless they are grossly negligent (SC Code § 27-40-730).
Renewing a Lease
Required Renewals: In South Carolina, landlords are not obligated to renew tenant rental agreements.
Required Notice: South Carolina landlords must give written notice at least thirty days before the end date if they wish to terminate a lease (SC Code § 27-40-770).
Rent Control & Stabilization
Rent control/stabilization does not exist in South Carolina.
South Carolina Lease Agreement FAQs
Does a landlord have to provide a copy of the lease in South Carolina?
Although it is common practice, South Carolina law does not explicitly require landlords to provide a copy of the lease.
What is the grace period for rent in South Carolina?
Tenants have within 5 days of their lease-defined due date to pay rent before landlords can pursue termination of the rental agreement (SC Code § 27-40-710).
Can a landlord refuse to renew a lease in South Carolina?
Yes, a landlord can refuse to renew a lease without cause once the lease term ends.
Does a South Carolina lease need to be notarized?
No, leases do not need to be notarized in South Carolina.
Can you withhold rent for repairs in South Carolina?
No, South Carolina does not automatically provide a right to withhold rent for repairs, but tenants may pursue certain legal remedies under the law (SC Code § 27-40-610).