South Carolina Roommate Agreement
A South Carolina room rental agreement, commonly referred to as a roommate agreement, is a written contract that allows tenants to share a dwelling with one or more co-tenants. This agreement establishes the rules, responsibilities, and financial expectations for those sharing the space.
South Carolina Roommate Agreement
Key Components of a Roommate Agreement
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Parties Involved: The agreement should specify who is making the agreement, the property address, and the identity of the landlord. It is essential to include current contact information for all parties signing the agreement.
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Lease Term: The document must note the duration of the existing lease and the length of the roommate agreement.
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Security Deposit: The agreement should discuss how the security deposit will be divided among the roommates and outline the rules for returning or deducting any portion of it.
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Rent Payment: It is important to state the total rent amount and how it will be divided among the roommates.
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Utility Payments: The agreement should determine how utility payments will be split and designate who will be responsible for making payments to the utility companies.
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Lease Violations: The document must set rules for handling violations of the lease or roommate agreement and outline procedures for any early move-outs.
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House Rules: Any house rules regarding food sharing, cleaning responsibilities, guests, and other communal living aspects should be listed.
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Room Assignments: The agreement should include a division of bedrooms and clarify which areas will or will not be shared.
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Signatures: All parties must sign and date the agreement, and it is advisable to attach the completed landlord consent form.
Types of Roommate Arrangements
Understanding the type of tenancy is crucial before entering into a roommate agreement. The law recognizes three basic types:
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Co-Tenancy: In this arrangement, all roommates are on the same lease and share equal responsibility for the lease terms. They pay rent to the same landlord and do not have the authority to evict one another; any misconduct must be addressed with the landlord.
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Subtenancy: In a subtenancy, the original tenant acts as the landlord to the subtenant. The original tenant collects rent from the subtenant and is responsible for addressing any rental issues. The original tenant can typically evict the subtenant for misconduct. Subleasing generally requires the landlord’s permission.
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At-Will Tenancy / Guest Tenancy: This informal arrangement allows either party to terminate the agreement at any time. The landlord may or may not have consented to this situation, and the roommate is considered a guest. The original tenant can often demand the guest leave at any time, but landlords can impose limits on how long a guest can stay without being on the lease.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that any co-tenant can be held fully responsible for lease violations. For example, if one roommate fails to pay their rent, the landlord can seek full payment from any of the other roommates. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant remains liable for any violations committed by the roommate.
Resolving Roommate Disputes in South Carolina
In the event of a dispute, the lease takes precedence over the roommate agreement. House rules regarding shared responsibilities, such as chores and quiet hours, are generally not enforceable in court. Roommates with disagreements unrelated to the lease may consider mediation or arbitration as a means of resolution.
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
FAQs
A South Carolina roommate agreement is a written contract between the principal tenant and all co-roommates of a shared rental space. It outlines the financial expectations and responsibilities of each roommate, ensuring that all parties understand their obligations.
Key components of a South Carolina room rental agreement include specifying the parties involved, the property address, the lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for resolving disputes.
Co-tenancy refers to a situation where all roommates are on the same lease with the landlord, sharing equal responsibility for the lease terms. This means that if one roommate fails to pay rent or violates the lease, the landlord can seek full recovery from any of the co-tenants.
In South Carolina, roommates are jointly and severally liable for lease violations. This means that if one roommate fails to meet their obligations, the landlord can pursue any of the co-tenants for full recovery of unpaid rent or damages.
The roommate agreement should outline the procedures for when someone needs to move out early, including how to handle rent payments and security deposits. It’s important to discuss these terms with all roommates to avoid disputes.
While a roommate agreement can outline house rules regarding cleaning, guests, and other shared responsibilities, these rules may not be enforceable in a court of law. The lease takes priority in disputes, so it’s essential to ensure that house rules align with the lease terms.
Co-tenancy involves all roommates being on the same lease with equal responsibilities, while subtenancy occurs when one tenant rents out part of the property to another person. In subtenancy, the original tenant acts as the landlord to the subtenant and can evict them if necessary.
Utility payments should be clearly outlined in the roommate agreement, specifying how costs will be split among roommates and who is responsible for making payments to the utility companies. This helps prevent misunderstandings and ensures timely payments.