South Carolina Month-to-Month Lease Agreement
A month-to-month rental agreement in South Carolina is a flexible leasing option that allows landlords to rent a property to tenants on a monthly basis. This type of lease automatically renews each month unless either party provides a termination notice. Both landlords and tenants have specific rights under the state’s landlord-tenant laws.
South Carolina Month-to-Month Lease Agreement
Termination Notice
To terminate a month-to-month lease, either the landlord or tenant must provide a 30-day notice. This means that the party wishing to end the rental agreement must inform the other party at least 30 days in advance.
Rent Increase Notice
South Carolina law does not specify a separate notice period for rent increases. However, it is considered courteous for landlords to provide tenants with a written notice at least 30 days prior to any rent increase.
Required Disclosures
Landlords in South Carolina are required to provide several important disclosures to tenants:
- Lead-Based Paint Disclosure – This form must be provided if the property was constructed before 1978, informing tenants of the potential risks associated with lead paint.
- Owner Disclosure – Tenants must be given the name and address of the property owner or an authorized representative.
- Security Deposit Calculation – If the property has more than four rental units and the landlord calculates security deposits differently for each unit, they must disclose how these calculations are made.
- Notice of Abandoned Personal Property – Landlords must inform tenants about the procedures regarding any personal property left behind after the tenancy ends.
South Carolina Month-to-Month Eviction
In South Carolina, landlords can initiate a no-fault eviction for periodic tenancies. This means that a landlord does not need a specific reason, such as non-payment of rent or lease violations, to issue a notice to vacate.
To proceed with an eviction, the landlord must provide a 30-day notice, allowing the tenant 30 days to vacate the property. If the tenant does not comply with this notice, the landlord may file an eviction suit.
Statutes
- S.C. Code § 27-40-10 – Short title
- S.C. Code § 27-40-410(b) – Security deposits; prepaid rent
- S.C. Code § 27-40-410(c) – Disclosure of Deposit Calculations
- S.C. Code § 27-40-310(c) – Terms and conditions of rental agreement
- S.C. Code § 27-40-210 (11) – Late Fees
- S.C. Code § 34-11-70 – Prima facie evidence of fraudulent intent in drawing check, draft, or other written order, reasonable and probable cause for prosecution
- S.C. Code § 27-40-630(a)(1) – Wrongful failure to provide essential services
- S.C. Code § 27-40-630(c) – Tenant Allowed to Repair and Deduct Rent (No Statute)
- S.C. Code § 27-40-640 – Landlord’s noncompliance as defense to action for possession or rent
- S.C. Code § 27-40-770(a) – Periodic tenancy; holdover remedies
- S.C. Code § 27-40-770(b) – Periodic tenancy; holdover remedies
- S.C. Code § 27-40-770(c) – Periodic tenancy; holdover remedies
- S.C. Code § 27-40-750 – Remedy after termination
- S.C. Code § 27-40-730(a) – Abandonment After Default
- S.C. Code § 27-40-730(b) – Abandonment Due to Termination of Utilities
- S.C. Code § 27-40-730(c) – Remedies for absence, nonuse, and abandonment
- S.C. Code § 27-40-730(d) – Disposal of Abandoned Property (Less Than $500)
- S.C. Code § 27-40-730(f) – Disposal of Abandoned Property (Greater Than $500)
- S.C. Code § 27-40-530(a) – Access
- S.C. Code § 27-40-530(b)(1) – Access
- S.C. Code § 27-40-530(c) – Access
- S.C. Code § 27-40-530(e) – Access
- S.C. Code § 27-40-530(b)(1) – Access
- S.C. Code § 27-40-530(b)(2) – Access
- S.C. Code § 27-40-710(b) – Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property
- S.C. Code § 27-40-710(a) – Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property
- S.C. Code § 27-40-760 – Recovery of possession limited
- S.C. Code § 27-40-420 – Disclosure
- S.C. Code § 27-40-440 – Landlord to maintain premises
- S.C. Code § 27-40-430 – Landlord to deliver possession of dwelling unit
- S.C. Code § 27-40-510 – Tenant to maintain dwelling unit
- S.C. Code § 27-40-910 – Retaliatory conduct prohibited
- S.C. Code § 15-3-530 – Three years
- S.C. Code § 27-40-210 – General definitions
FAQs
In South Carolina, both landlords and tenants must provide a 30-day notice to terminate a month-to-month lease. This means that either party can end the rental agreement by notifying the other party at least 30 days in advance.
South Carolina does not have specific statutory requirements for rent increase notices in month-to-month leases. However, it is considered courteous for landlords to provide tenants with a 30-day written notice before implementing any rent increase.
Landlords in South Carolina must provide several disclosures for month-to-month rental agreements, including the presence of lead-based paint, identification of the property owner or authorized representative, and information regarding unequal security deposits.
Yes, in South Carolina, a landlord can initiate a no-fault eviction for periodic tenancies. They can issue a 30-day notice to vacate without needing to provide a reason related to rent payment or lease violations.
In South Carolina, landlords must provide a lead-based paint disclosure form if the rental property was built before 1978. This disclosure informs tenants about the potential risks associated with lead paint.
If a property has more than four rental units and the landlord calculates security deposits differently for each unit, they are required to disclose how these deposits are calculated to the tenants.
If a tenant does not comply with a 30-day notice to vacate issued by the landlord, the landlord can file an eviction suit to legally remove the tenant from the property.