South Carolina Rental Lease Agreement Templates (6)

A South Carolina lease agreement is used by landlords to establish a formal tenancy whereby a renter is permitted to lease property for a specific length of time. The terms set forth by the landlord will address all aspects of tenancy, including the monthly payment, contract length, security deposit amount (if any), and property expenses. Prospective tenants should be certain that their income can sustain the rental arrangement; once signed, the occupant will be legally obligated to make payments on the due dates specified in the lease.

Last updated November 29th, 2023

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Rental Application – A document used by landlords to check a lease applicant’s rental history, employment information, and criminal background.

Lease Agreements: By Type (6)

Standard (1-Year) Lease Agreement – A fixed-term contract that permits a tenant to occupy a residential dwelling for one (1) year.

 

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Commercial Lease Agreement – A rental contract specific to property that is leased for non-residential purposes, such as retail, industrial, and office space.

 

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Month-to-Month Lease Agreement – A rental contract that lasts one (1) month and renews on a monthly basis until terminated by either party with thirty (30) days’ notice.

 

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Rent-to-Own Agreement (Lease Option) – Serves the same function as a standard lease but provides tenants with the opportunity to purchase the property.

 

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Roommate Agreement – An agreement between roommates that defines the occupants’ financial obligations and household responsibilities.

 

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Sublease Agreement – Used by tenants to rent all or a portion of their residential dwelling to another lessee. Before drafting a sublease agreement, tenants should speak with their landlord to verify whether a sublease arrangement is allowed.

 

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Required Disclosures (3)

  1. Lead-Based Paint Disclosure(PDF) – This disclosure alerts tenants to the existence of hazardous paint on the premises of the rental unit (only required if the property was built before 1978).[1]
  2. Owner Disclosure – Tenants must be provided with a written statement identifying the name and address of the property owner or anyone permitted to act on the owner’s behalf for the purpose of service of process and for the receipt of notices and demands. The statement must be delivered at or before the start of the lease term.[2]
  3. Security Deposit Calculation – If the landlord rents more than four (4) adjoining residential units and imposes different methods to calculate each tenant’s security deposit, the method of calculation must be disclosed to the tenant.

Security Deposits

Maximum Amount ($) – No state law limits the amount of security deposit the landlord can request from the tenant.

Collecting Interest – No law obligates the landlord to collect interest on the security deposit for the tenant.

Returning to Tenant – Security deposits must be returned within thirty (30) days after the tenant delivers the premises to the landlord and demands payment of the deposit, whichever is later.[3]

Itemized list Required? Yes, if the landlord deducts from the security deposit, they must provide the tenant with an itemized list within 30 days of the end of the lease.[4]

Separate Bank Account? No statute obligates the landlord to maintain a security deposit in an individual bank account.

Landlord’s Entry

General Access – Twenty-four (24) hours’ notice is required before entering the premises of a dwelling. The time of entry scheduled with the tenant must be a reasonable hour of the day.[5]

Emergency Access – A landlord may enter the premises without notice during emergency situations such as severe weather conditions or fire.[6]

Rent Payments

Grace Period – There is no grace period that must be given to tenants before the landlord can charge late fees.[7]

Maximum Late Fee ($) – There is no state law that limits the amount of late fees the landlord may impose on a tenant.

Bad Check (NSF) Fee: A service charge of $30 is the most that can be charged for a bad check.[8]

Withholding Rent – If the landlord fails to provide water, heat, keep the dwelling habitable, or other essential services, the tenant may notify the landlord, remedy the violation, and deduct the costs from their rent.[9]

Breaking a Lease

Non-Payment of Rent – The day after the tenant fails to pay the rent, the landlord may send them a 5-day notice to quit.[10]

Non-Compliance – If the tenant violates the rental agreement, they may be sent a 14-day notice to quit stating that they have 14 days to remedy the problem or they must vacate the property.[11]

Lockouts – The landlord may not change the locks or attempt to remove the tenant by interrupting services without a court order.[12]

Leaving Before the End Date – If the tenant breaks their lease, they must pay the lost rent for the length of time the property is empty.[13] The landlord must make a reasonable effort to re-rent the dwelling.[14]

 

Sources

  1. EPA/HUD Fact Sheet
  2. 27-40-420(a)
  3. § 27-40-410(c)
  4. § 27-40-410(a)
  5. § 27-40-530(c)
  6. § 27-40-530(b)(1)
  7. § 27-40-310(c)
  8. § 34-11-70(a)
  9. § 27-40-630(a)
  10. § 27-40-710(b)
  11. § 27-40-710(a)
  12. § 27-40-660, Landlord and Tenant Law in SC (P. 4)
  13. § 27-30-50
  14. § 27-40-730(c)