South Carolina

A South Carolina simple (basic) lease agreement creates a legally binding contract between landlords and tenants that outlines terms and conditions for renting properties. This rental document includes essential information such as names and contact details for both parties, property addresses, lease terms, payment details, and required disclosures. Every South Carolina lease agreement must comply with state regulations while protecting both landlord and tenant interests throughout the tenancy period.

South Carolina Simple (Basic) Lease Agreement

South Carolina maintains landlord-friendly rental laws without rent control restrictions. The state subjects landlords to no statutory limits on late fees that property owners can charge. Landlords can include late fee structures in their rental agreements, and South Carolina provides grace periods for rent payments. Property owners face no licensing requirements to operate rental properties in the state. Landlords typically require tenants to complete rental applications prior to entering into any South Carolina lease agreement.

Required South Carolina Lease Agreement Disclosures

South Carolina law requires landlords to provide specific disclosures to tenants in every rental contract:

Lead-Based Paint Disclosure: Property owners must inform tenants when properties were built before 1978 and may contain lead-based paint within their South Carolina lease agreement documentation.

Property Management Identification: Landlords must disclose in writing the names and contact information of property owners or authorized agents before lease agreements begin.

Unequal Deposits Explanation: When landlords own more than four adjacent units and charge different security deposits, they must explain the reasons in lease agreements or post them visibly.

Abandoned Personal Property Notice: When tenants remain absent for more than fifteen days after failing to pay rent, landlords may presume abandonment and dispose of personal property valued under $500. Property owners should make notification attempts before disposal.

Security Deposit Address Requirements: Tenants must provide new or forwarding addresses in writing to landlords. Failure to comply may result in deposit forfeiture under South Carolina lease agreement terms.

South Carolina Lease Agreement Security Deposit Regulations

South Carolina regulates security deposits through landlord-favorable requirements:

Security Deposit Limits and Documentation Requirements

South Carolina places no statutory limits on maximum security deposit amounts that landlords can charge. The state specifies no requirements for property owners to provide receipts for security deposits.

Security Deposit Banking and Interest Requirements

Landlords face no requirements to pay interest on security deposits or maintain separate bank accounts for deposit storage.

Security Deposit Return and Withholding Procedures

Property owners must return security deposits within 30 days after leases end. Landlords may deduct from deposits for unpaid rent or tenant-caused damages. Property owners must provide written statements detailing any deductions under their South Carolina lease agreement provisions.

South Carolina Lease Agreement Rent Payment Requirements

Monthly Rent Due Dates and Payment Terms

Rent becomes due on the first of each month unless rental contracts specify otherwise. Property owners must clearly outline payment terms and schedules in their lease documentation.

Rent Control and Increase Policies

South Carolina imposes no caps on rent increases, and local governments cannot establish rent increase limits. However, landlords must act in good faith and provide reasonable notice for any rent increases.

Late Fee Policies and Grace Period Benefits

While the state caps no late fees, property owners should specify them in lease agreements. Tenants receive five days from due dates to pay rent before landlords can issue 5-day notices to quit for non-payment.

Tenant Rent Withholding Rights

When landlords fail to provide essential services, tenants may notify property owners, obtain necessary services, and deduct costs from rent under their South Carolina lease agreement provisions.

Landlord Entry Rights Under South Carolina Lease Agreements

Property owners must provide at least twenty-four hours’ notice before entering premises and may only enter during reasonable hours. Exceptions include emergencies or services that tenants request. Tenants must obtain landlord permission before changing locks on their rental properties.

Property Maintenance Responsibilities

Landlord Repair Obligations and Standards

Landlords bear responsibility for maintaining common areas, providing running and hot water, and complying with housing and building codes. Property owners must address these maintenance issues throughout tenancy periods.

Tenant Maintenance Responsibilities and Property Care

Tenants must keep their units and areas they use in reasonably safe and clean conditions throughout their lease terms.

Property Abandonment Classification Procedures

Landlords may consider properties abandoned when tenants cancel utilities, fail to pay rent, and leave without explanation under their South Carolina lease agreement terms.

How to Terminate a South Carolina Lease Agreement

Month-to-Month Tenancy Termination Requirements

For month-to-month tenancies, landlords must provide 30-day notices to terminate rental agreements. This standard notice period gives both parties adequate preparation time for tenancy changes.

Post-Eviction Property Management Procedures

When landlords place tenant personal property on public streets after evictions, local officials should remove items within 48 hours. When counties don’t collect trash from public streets, property owners may remove and dispose of belongings following local procedures after 48 hours. Eviction notices must clearly outline these procedures under South Carolina lease agreement regulations.

South Carolina Lease Agreement Legal 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

Key Takeaways for South Carolina Lease Agreements

Benefits for Property Owners

South Carolina’s landlord-friendly rental laws provide significant operational flexibility for property owners. Landlords benefit from no rent control restrictions, unlimited security deposit amounts, and minimal regulatory oversight.

Tenant Protection Features

Tenants enjoy protections through grace period benefits, rent withholding rights for essential service failures, and reasonable entry notice requirements that ensure privacy during tenancy periods.

Compliance and Success Factors

Understanding these South Carolina lease agreement requirements helps both parties create successful rental relationships while maintaining compliance with state regulations throughout tenancy periods.

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.