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South Carolina

A South Carolina lease agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions for renting a property. This document includes essential information such as the names and contact details of both parties, the property address, lease term, payment details, and required disclosures.

SimpleBasicLease_South-Carolina

SimpleBasicLease_South-Carolina

Rental Lease Laws Overview

In South Carolina, there are no rent control laws, and landlords are not subject to a statutory limit on late fees. Late fees can be included in the rental agreement, and a grace period is provided for rent payments. Additionally, landlords are not required to hold a license.

Landlords typically require tenants to complete a rental application prior to entering into a lease agreement.

Required Lease Disclosures

South Carolina landlords must provide the following disclosures:

  • Lead-Based Paint Disclosure: Landlords must inform tenants if the property was built before 1978 and may contain lead-based paint.
  • Identification: Landlords must disclose in writing the name and contact information of the property owner or authorized agent before the lease begins.
  • Unequal Deposits: If a landlord owns more than four adjacent units and charges different security deposits, they must explain the reasons in the lease or post them visibly.
  • Notice of Abandoned Personal Property: If a tenant is absent for more than fifteen days after failing to pay rent, the landlord may presume abandonment and dispose of personal property valued under $500. Notification attempts should be made before disposal.
  • Security Deposit Notice: Tenants must provide their new or forwarding address in writing to the landlord; failure to do so may result in forfeiture of the deposit.

Security Deposit

In South Carolina, there is no statutory limit on the maximum security deposit amount. There are no specified requirements for providing receipts for security deposits, and landlords are not required to pay interest on them. Additionally, there is no requirement for landlords to maintain a separate bank account for security deposits.

Landlords must return the security deposit within 30 days after the lease ends. They may deduct from the security deposit for unpaid rent or damages caused by the tenant, and a written statement detailing any deductions must be provided.

Rent Payments

Rent is due on the first of the month unless otherwise specified in the lease. South Carolina does not impose caps on rent increases, and local governments cannot establish limits on rent increases. Landlords must act in good faith and provide reasonable notice for any rent increases.

While there is no cap on late fees, they should be specified in the lease agreement. Tenants have five days from the due date to pay rent before the landlord can issue a 5-day notice to quit for non-payment. If the landlord fails to provide essential services, the tenant may notify the landlord, obtain the necessary services, and deduct the cost from the rent.

Landlord Right of Entry

Landlords must provide at least twenty-four hours’ notice before entering the premises and may only enter during reasonable hours. Exceptions include emergencies or services requested by the tenant. Tenants must obtain permission from the landlord before changing locks.

Property Repairs

Landlords are responsible for maintaining common areas, providing running and hot water, and complying with housing and building codes. Tenants must keep their unit and the areas they use in a reasonably safe and clean condition. A landlord may consider the property abandoned if the tenant cancels utilities, fails to pay rent, and leaves without explanation.

Terminating a Lease

For month-to-month tenancies, a landlord must provide a 30-day notice to terminate the lease. If a landlord places a tenant’s personal property on a public street after eviction, local officials should remove it within 48 hours. If the county does not collect trash from public streets, the landlord may remove and dispose of the property following local procedures after 48 hours. The eviction notice must clearly outline these procedures.

Statutes

FAQs

In South Carolina, landlords must provide several disclosures, including a Lead-Based Paint Disclosure for properties built before 1978, identification of the property owner or authorized agent, and notice regarding abandoned personal property. Additionally, if a landlord charges varying security deposits for adjacent units, they must explain the reasoning in the lease.

South Carolina does not have a statute that specifies a maximum amount for security deposits. However, landlords must return the security deposit within 30 days after the lease ends, and they can deduct amounts for unpaid rent or damages, provided they give a written statement of deductions.

A landlord in South Carolina must provide at least twenty-four hours’ advance notice before entering a rental property. Entry should occur at reasonable hours, except in emergencies, such as urgent repairs.

If a tenant does not pay rent in South Carolina, the landlord can issue a 5-day notice to quit for non-payment. Tenants have a grace period of five days to catch up on rent before further action is taken.

Yes, a landlord can increase rent in South Carolina without any imposed limits. There are no caps on how much rent can be raised, and local governments cannot establish maximum rent increase amounts.

Landlords in South Carolina are responsible for maintaining common areas in a safe condition, ensuring the availability of running and hot water, and complying with housing and building codes. They must also address necessary repairs to keep the property habitable.

To terminate a month-to-month lease in South Carolina, the landlord must provide a 30-day notice to the tenant. This notice must clearly outline the intention to end the tenancy.

If a tenant needs to make repairs due to the landlord’s negligence in providing essential services, they can notify the landlord, arrange for the necessary repairs, and deduct the actual cost from their rent. This action should be taken only after giving the landlord proper notice.