South Carolina Month-to-Month Lease Agreement

Legal Aspects of Month-to-Month Lease Agreement in South Carolina

A South Carolina month-to-month rental agreement is governed by the state’s Residential Landlord and Tenant Act. This law outlines the rights and obligations of landlords and tenants under month-to-month leases. 

Lease Termination & Renewal

• To terminate the lease in South Carolina, the landlord must give 30 days written notice. 
• Likewise, the tenant should provide notice of their intent to vacate 30 days before the end of a monthly period.

Rent Increases

• South Carolina doesn’t regulate rental rate increases. Since state law prohibits local rent control ordinances, landlords retain flexibility in setting rates for month-to-month tenancies.
• Landlords provide tenants reasonable advance notice of rent hikes, typically 30 days. 

Security Deposit

• South Carolina landlords must return any remaining security deposit balances to tenants within 30 days of termination. However, they can deduct legitimate damages and owed rent after providing an itemized written notice to the tenant. 
• Suppose the landlord fails to provide the mandatory accounting of security deposit deductions. In that case, the tenant may legally recover triple the wrongfully retained funds plus reasonable attorney fees.
• Tenants must give landlords their forwarding address; otherwise, sending the notice to the last known address suffices if no address is provided.
• For properties with more than four adjoining units, landlords must disclose the exact standards used in writing if varying the security deposit calculation policies. 
• Landlords forfeit certain rights to deduct damages from varying security deposits of comparable units when they don’t give upfront notifications.

Tenant Rights

• Tenants have the right to clean and habitable premises that meet state health codes. 
• In South Carolina, tenants can formally request essential repairs when issues impact living conditions without fear of retaliation, like unlawful evictions. 
• If landlords ignore repair requests, tenants may exercise rights like terminating leases or depositing rent into court escrow until fixes are completed. 
• Month-to-month renters retaining possession preserve tenant rights if the property undergoes foreclosure during tenancies. 
• South Carolina tenants also have rights to flexible lease arrangements with 30-day notice procedures to terminate applied equally to both parties. 
• State law also prohibits local rent control ordinances and lease terms, forcing tenants to waive rights fully. 
• Tenants maintain rights to fair housing and freedom from unlawful discrimination in rental housing under federal and state laws. 

Required Disclosures

Landlords must disclose certain information before finalizing a South Carolina month-to-month lease agreement. As such, you should look out for the following disclosures in a lease: 

• Disclosure of rental property management or ownership contact: South Carolina statute mandates landlords disclose in writing to tenants the name and address of the property owner or authorized rental property manager who handles lease matters.
• Disclosure of lead-based paint hazards: Federal and South Carolina law requires landlords to disclose known lead-based paint and hazards in the property before leasing, especially if built before 1978.
• Disclosure of varying security deposit calculation formulas: If renting out more than four adjoining units with inconsistent methods for establishing security deposit amounts across tenants, South Carolina landlords must disclose the exact criteria used in writing or by posted notices.