Key Takeaways
- South Carolina’s rental lease agreements detail landlord and tenant duties.
- No cap on security deposits, but the landlord must return with deductions itemized within 30 days.
- Eviction requires a five (5) days’ notice for unpaid rent and 14 days for other violations.
- Landlords need 24-hour notice to enter properties, barring emergencies.
- Mandatory disclosures include management information and lead-based paint risks.
South Carolina Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
Use this agreement template to establish the terms and conditions for renting a residential property in South Carolina.
South Carolina Apartment Lease
Utilize this agreement template specifically designed for apartment rentals in South Carolina. It covers crucial details like lease duration, rent amount, and apartment rules, ensuring transparency and professionalism throughout the rental process.
South Carolina Room Rental
Employ this agreement template when renting out individual rooms within a property in South Carolina.
South Carolina Month-to-Month Lease
Opt for this agreement template to offer flexibility without the commitment of a long-term lease in South Carolina. It allows for short-term rental arrangements while maintaining a professional and legally binding contract.
Commercial Lease Agreement
Select this agreement template for leasing commercial properties in South Carolina. It addresses crucial considerations such as lease terms, rent adjustments, and more.
Lease to Purchase Agreement
Consider this agreement template for lease-to-own arrangements in South Carolina. It offers a structured framework for tenants to potentially purchase the property in the future.
Sublease Agreement
Utilize this agreement template to facilitate subleasing arrangements in South Carolina. It ensures that all parties involved understand their rights and responsibilities in a professional and legally binding manner.
Understanding South Carolina Rental Laws
The Residential Landlord and Tenant Act regulates South Carolina’s rental market, codified at S.C. Code Ann. § 27-40, which outlines landlords’ and tenants’ rights and responsibilities. It’s essential to familiarize yourself with this legislation to ensure any lease agreement you enter into is compliant.
Laws | Name | Description |
Article 1: Subarticle III – Section 27-40-210 | General Definitions | Outlines the purpose of the Act and provides definitions for key terms used within it. |
Article 1: Subarticle IV – Section 27-40-310 to 27-40-340 | General Provisions | Broadly cover terms and conditions of rental agreements, prohibited provisions in rental agreements, and the separation of rents and obligations to maintain property. |
Article 5 Section 27-40-510 to 27-40-540 | Tenant Obligations | Delineate the obligations of tenants concerning the maintenance and use of the property they’re renting. |
Article 3 Section 27-40-410 | Security deposits | Outlines the procedures for handling, withholding, and returning security deposits |
Article 7: Subarticle II – Sections 27-40-710 to 27-40-730Subarticle I – Sections 27-40-610 to 27-40-660 | Landlord Remedies;Tenant Remedies | Termination notices and the procedures for ending a rental agreement in South Carolina are detailed in these sections |
Article 7: Subarticle I – Section 27-40-710 | Unlawful detainer | Outlines the process for eviction due to failure to pay rent or other lease violations. |
Article 5Section 27-40-530 | Access | This section outlines the circumstances under which a landlord may lawfully enter a rented dwelling |
Security Deposit Limits
- No state-imposed limit on the amount a landlord can charge for a security deposit.
- Landlords must itemize and communicate deductions from security deposits for damage exceeding usual wear, which must be listed and returned within 30 days after the lease ends.
- The balance of the security deposit should be reimbursed to the tenant within 30 days.
Eviction Procedures
- Landlords must provide a five (5) day written notice for unpaid rent before proceeding with eviction.
- For lease violations not related to rent, a 14-day notice is required. This gives tenants a chance to remedy the breach and avoid eviction.
- The eviction process must follow legal procedures, including filing in court.
Right to Enter (Landlord)
- Landlords can enter rental properties for inspections and repairs or show the property with at least 24 hours’ notice to tenants, except in emergencies.
- Entry should occur at reasonable times and not infringe on tenants’ privacy.
Disclosures
The South Carolina Residential Landlord and Tenant Act mandates that landlords provide tenants with specific information to ensure transparency and uphold tenants’ rights from the outset of the leasing agreement.
- Landlords must disclose the property owner’s or managers’ names and addresses.
- For properties built before 1978, landlords must disclose the presence of lead-based paint.