South Carolina Lease Agreement

Understanding South Carolina Lease Agreement Requirements

State Legal Framework

South Carolina landlord tenant law provides the foundation for all residential rental agreements in the state. The South Carolina Residential Landlord and Tenant Act (South Carolina Code Title 27, Chapter 40) establishes comprehensive rights and responsibilities for both parties. South Carolina maintains a landlord-friendly legal environment with streamlined procedures and efficient eviction processes. The state does not impose rent control, allowing landlords significant flexibility in setting rental rates and lease terms. The South Carolina rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship under South Carolina’s Residential Landlord and Tenant Act.

Written Agreement Standards

South Carolina does not legally require written lease agreements for tenancies under one year. However, creating a written residential lease agreement South Carolina landlords can reference provides essential documentation and legal protection. Written agreements prevent disputes by establishing explicit terms both parties acknowledge and accept.

Essential Elements of a South Carolina Lease Agreement

Parties and Property Identification

Complete Party Information Every South Carolina lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most South Carolina rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. South Carolina requires 30 days written notice to terminate month-to-month tenancies.

Rent Payment Terms

Payment Obligations South Carolina lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions

South Carolina requires landlords to provide a five-day grace period for rent payments. Rent cannot be considered late for purposes of late fees until after this grace period expires.

Late Fee Provisions South Carolina does not impose statutory caps on late fee amounts, allowing landlords to set reasonable penalties for overdue rent. Late fee policies should appear clearly in the rental agreement South Carolina tenants receive. Including specific late fee amounts and assessment dates prevents disputes.

Security Deposit Requirements in South Carolina

Deposit Limits and Handling

No Statutory Cap South Carolina places no legal limit on security deposit amounts. Landlords can request deposits based on property value, rental rates, and risk assessment. Most landlords collect deposits equal to one or two months rent, though higher amounts are legally permissible.

No Separate Account Requirements South Carolina does not require landlords to hold security deposits in separate escrow accounts or pay interest on deposited funds. Landlords have flexibility in managing deposit funds while maintaining proper records.

Return Procedures

30-Day Timeline South Carolina landlords must return security deposits within 30 days after tenants vacate properties. This timeline applies to both the deposit return and required itemized statements of deductions.

Itemization Requirements If landlords withhold any portion of the deposit, they must provide a written itemized statement of deductions describing:

• Each item of damage claimed
• Actual cost of repairs
• Any unpaid rent or charges

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent
• Damage beyond normal wear and tear
• Costs to restore property to move-in condition
• Cleaning costs
• Unpaid utility charges
• Other legitimate charges authorized in the lease

Providing itemized deduction statements with remaining deposit balances prevents tenant disputes and potential legal claims.

Wrongful Withholding Penalties

South Carolina imposes penalties on landlords who wrongfully withhold security deposits. Landlords who fail to return deposits or provide proper itemization within 30 days may be liable for:

• Three times the amount wrongfully withheld
• Reasonable attorney fees
• Court costs

These significant penalties make compliance with security deposit requirements essential.

Required Disclosures for South Carolina Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. South Carolina landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Failure to provide proper lead disclosures exposes landlords to significant federal penalties.

Owner/Agent Identification

South Carolina requires landlords to disclose:

• Name and address of the property owner
• Name and address of any person authorized to manage the property
• Name and address of person authorized to receive notices and demands

This information must be provided in the lease agreement.

Move-In Checklist

South Carolina requires landlords to provide a written checklist or statement of the condition of the premises at move-in. Both landlord and tenant should:

• Complete the checklist together
• Note existing damage and property condition
• Sign and date the checklist
• Retain copies for their records

This documentation is essential for security deposit disputes.

Mold Disclosure

South Carolina does not mandate specific mold disclosures. However, landlords should consider:

• Disclosing known mold problems as a best practice
• Addressing mold prevention in lease terms
• Responding promptly to tenant mold reports

Given South Carolina’s humid climate, mold prevention is particularly important.

Bed Bug Disclosure

South Carolina does not require specific bed bug disclosures. Best practices include:

• Disclosing known infestation history
• Establishing reporting procedures in lease terms
• Clarifying treatment responsibilities

Flood Zone Disclosure

While not strictly required, South Carolina landlords should consider disclosing flood zone status given the state’s coastal vulnerability and history of flooding.

Landlord and Tenant Rights Under South Carolina Law

Landlord Obligations

Warranty of Habitability South Carolina imposes implied warranty of habitability requirements on landlords under the Residential Landlord and Tenant Act. Required maintenance includes:

• Compliance with all applicable building and housing codes materially affecting health and safety
• Making all repairs necessary to keep premises fit and habitable
• Keeping common areas clean and safe
• Maintaining electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems
• Providing running water and reasonable amounts of hot water
• Providing adequate heat and air conditioning
• Maintaining working smoke detectors
• Providing garbage receptacles and arranging for removal
• Extermination of pest infestations (unless caused by tenant)
• Maintaining weathertight conditions
• Providing secure locks on exterior doors

Landlords must make repairs within 14 days after receiving written notice from tenants for non-emergency repairs.

Property Access Rights South Carolina requires landlords to provide at least 24 hours advance notice before entering rental properties. Entry must occur at reasonable times for legitimate purposes including:

• Inspections
• Repairs and maintenance
• Showing property to prospective tenants or buyers
• Emergencies (no notice required)

Landlords cannot abuse the right of access or use it to harass tenants.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to South Carolina statutory requirements including:

• Keeping the property clean and sanitary
• Using electrical, plumbing, heating, and other systems properly
• Disposing of garbage in a clean and sanitary manner
• Not deliberately or negligently destroying property
• Not disturbing neighbors’ peaceful enjoyment
• Complying with housing and building codes
• Allowing reasonable landlord access with proper notice
• Maintaining smoke detectors (battery replacement)

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements South Carolina termination notice requirements depend on lease type:

• Fixed-term leases end automatically on specified dates
• Month-to-month tenancies require 30 days written notice
• Week-to-week tenancies require 7 days written notice

Including clear termination procedures in lease agreements prevents misunderstandings about proper notice protocols.

Eviction Processes

South Carolina uses ejectment actions for evictions, providing relatively efficient procedures.

Nonpayment of Rent South Carolina landlords can begin eviction proceedings when tenants fail to pay rent. The process requires:

• Five-day notice to pay rent or vacate
• Filing ejectment action if tenant fails to comply
• Court hearing and judgment
• Writ of ejectment for physical removal

Lease Violations Landlords can pursue eviction for material lease violations:

• 14-day notice to cure for most violations
• If violation is not cured, eviction may proceed
• Court filing and proceedings

Immediate Termination For certain serious violations, South Carolina allows immediate termination without opportunity to cure:

• Illegal drug activity
• Criminal activity threatening health or safety
• Acts that jeopardize the property

Retaliatory Eviction Protections

South Carolina prohibits retaliatory evictions. Landlords cannot evict or retaliate against tenants for:

• Complaining about code violations to appropriate governmental agencies
• Exercising legal rights under the Residential Landlord and Tenant Act
• Organizing or joining tenant unions

Creating an Effective South Carolina Lease Agreement

Documentation Best Practices

Comprehensive Terms Strong South Carolina lease agreements include provisions addressing:

• Pet policies and deposits
• Guest and occupancy limits
• Maintenance responsibilities
• Utility payment assignments
• Parking and storage rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice procedures
• Hurricane and storm provisions
• Move-in checklist acknowledgment
• Pool and amenity access (if applicable)

Professional Templates Using a South Carolina lease agreement template ensures contracts include all legally required elements. Given South Carolina’s move-in checklist requirement and hurricane exposure, professional templates help landlords maintain compliance.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Screening should include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

South Carolina does not prohibit source of income discrimination statewide. Documenting screening criteria and applying standards consistently protects landlords from discrimination claims.

South Carolina-Specific Considerations

Charleston Metro Area

The Charleston metropolitan area presents strong rental dynamics:

• Historic city with diverse rental stock
• Strong tourism and hospitality industry
• College of Charleston and MUSC student markets
• Growing tech and aerospace employment
• Historic district regulations
• High rental demand in downtown and surrounding areas
• Flooding and drainage considerations

Columbia Metro Area

The state capital region presents distinct considerations:

• University of South Carolina dominates student rental market
• State government employment base
• Fort Jackson military tenant market
• Diverse neighborhoods and suburbs
• Growing healthcare sector

Greenville-Spartanburg Area

The Upstate region has experienced significant growth:

• Manufacturing and automotive industry employment
• Growing population and rental demand
• Furman University and other colleges
• Lower hurricane risk than coastal areas
• Mountain proximity appeals

Myrtle Beach and Grand Strand

The Grand Strand coastal area has unique dynamics:

• Heavy tourism and vacation rental market
• Seasonal rental patterns
• Coastal Carolina University student market
• Hurricane vulnerability
• Short-term rental regulations
• High summer demand, lower winter occupancy

Hurricane and Coastal Storm Provisions

South Carolina’s coastal vulnerability creates essential rental considerations:

• Hurricane preparation provisions
• Evacuation procedures and responsibilities
• Flood zone disclosures recommended
• Storm damage lease provisions
• Rent abatement for uninhabitable conditions
• Insurance requirements (wind, flood, hurricane)
• Property access during emergencies
• Lease termination rights after major damage

Landlords should clearly communicate hurricane procedures and responsibilities.

Flooding Considerations

South Carolina experiences significant flooding:

• Coastal storm surge
• Inland flooding from hurricanes
• River flooding
• Flash flood risks
• Disclosure of flood zone locations recommended
• Flood insurance requirements in certain areas
• Basement and ground floor considerations

College Town Rentals

South Carolina has significant college student rental markets:

• University of South Carolina (Columbia)
• Clemson University
• College of Charleston
• Coastal Carolina University (Conway)
• Furman University (Greenville)
• Winthrop University (Rock Hill)
• The Citadel (Charleston)

Landlords in college areas should consider:

• Academic year lease terms
• Parental guarantor requirements
• Move-in/move-out timing around semesters
• Multiple roommate arrangements
• Summer subletting provisions
• Game day considerations (especially USC and Clemson)

Military Tenant Considerations

South Carolina’s significant military presence requires understanding:

• Servicemembers Civil Relief Act (SCRA) protections
• Lease termination rights upon deployment or PCS orders
• Fort Jackson (Columbia) tenant considerations
• Joint Base Charleston
• Shaw Air Force Base (Sumter)
• Marine Corps Air Station Beaufort
• Marine Corps Recruit Depot Parris Island
• South Carolina National Guard activations
• Eviction protections during active duty

Historic Properties

South Carolina has significant historic housing stock:

• Charleston historic districts
• Historic preservation requirements
• Renovation limitations in designated areas
• Older electrical and plumbing systems
• Lead paint prevalence in older buildings
• Unique maintenance challenges

Vacation and Short-Term Rentals

South Carolina regulates short-term rentals at local levels:

• Charleston vacation rental regulations
• Myrtle Beach short-term rental requirements
• Hilton Head Island regulations
• Local registration and licensing varies
• Accommodations tax obligations
• HOA restrictions common in resort areas

Beach and Resort Properties

Coastal South Carolina has specific considerations:

• Beach access provisions
• Ocean and marsh front properties
• Dune preservation requirements
• Sea turtle lighting restrictions
• Erosion and coastal retreat
• High insurance costs
• Seasonal rental patterns

HOA and Condominium Rentals

Many South Carolina rentals occur within homeowner associations:

• Association approval requirements common
• Tenant compliance with community rules
• Rental restrictions and caps
• Application processes and fees
• Pool and amenity access
• Resort area HOA regulations

Landlords should verify HOA rental policies before marketing properties.

Manufactured Housing

South Carolina has significant manufactured housing inventory:

• Specific requirements for mobile home communities
• Lot rental agreement distinctions
• Community rules and enforcement
• Title and registration requirements
• Hurricane tie-down requirements

Humidity and Climate Considerations

South Carolina’s humid subtropical climate creates concerns:

• Mold prevention lease provisions
• HVAC maintenance requirements
• Tenant responsibilities for ventilation
• Prompt response to moisture issues
• Air conditioning essential for habitability
• Pest control provisions

Golf Course and Resort Communities

South Carolina has numerous planned communities:

• Hilton Head Island resorts
• Kiawah Island properties
• Myrtle Beach golf communities
• Strict HOA regulations
• Rental restrictions common
• Premium seasonal rates

Cannabis Considerations

South Carolina has not legalized cannabis:

• Cannabis remains illegal for recreational and medical use
• Landlords can prohibit all cannabis use
• Standard drug-free housing provisions apply
• No medical marijuana program

Gated Community Rentals

Many South Carolina rentals are in gated communities:

• Guest access procedures
• Security protocols
• Tenant registration requirements
• Vehicle registration
• Delivery and service access

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute.
Security Deposit Interest:	No statute.
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute.
Deadline for Returning Security Deposit:	Deposits must be returned within 30 days after the termination of the tenancy and the delivery of possession and demand from the tenant, whichever is later. S.C. Code § 27-40-410
Permitted Uses of the Deposit:	Deposits may be used for unpaid rent or fees, or damages which the landlord has incurred losses by reason of the tenant’s noncompliance with the lease agreement. S.C. Code § 27-40-410
Security Deposit can be Withheld:	No statute.
Require Written Description/Itemized List of Damages and Charges:	Yes, deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due. S.C. Code § 27-40-410
Receipt of Security Deposit:	No statute.
Record Keeping of Deposit Withholdings:	Yes, deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due. S.C. Code § 27-40-410
Failure to Comply:	The tenant is permitted to recover the property and money in an amount equal to three times (3X) the amount wrongfully withheld and reasonable attorney’s fees if the landlord fails to to comply with the statute. S.C. Code § 27-40-410

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	Rent is due without the need for demand or notice, and must be paid at the time and location specified in the lease agreement. Unless otherwise stated in writing, rent is typically due at the beginning of each month and should be paid at the dwelling unit. S.C. Code § 27-40-310(c)
Payment Methods:	No statute.
Rent Increase Notice:	No statute.
Late Fees:	No statute, but late fees are permitted and can be considered “rent” for the purposes of debt collection. S.C. Code § 27-40-210
Application Fees:	No statute.
Prepaid Rent:	No statute.
Returned Check Fees:	Landlords can charge a maximum fee of $30 for a bounced or returned check. This fee may be charged for each occurrence of a bounced or return check. S.C. Code § 34-11-70
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	The tenant may give written notice to the landlord specifying the breach if the landlord is negligent or failing to provide essential services and may: (1) procure reasonable amounts of the required essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent; or (2) recover damages based upon the diminution in the fair-market rental value of the dwelling unit and reasonable attorney’s fees. S.C. Code § 27-40-630
Tenant Allowed to Repair and Deduct Rent:	The tenant is NOT able to make repairs on the rental property and deduct the cost of the repairs from rent. S.C. Code § 27-40-630
Self-Help Evictions:	A landlord is not permitted to recover or take possession of a dwelling unit through any action, including reducing or interrupting essential services to the tenant, except in cases of abandonment, surrender, lease termination, or as otherwise allowed by law. S.C. Code § 27-40-760
Landlord Allowed to Recover Court and Attorney’s Fees:	Landlords can recover attorney fees if the tenant’s actions are considered to be without merit and not raised in good faith regarding the noncompliance of the lease agreement. S.C. Code § 27-40-710
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	The landlord is required to make reasonable efforts to rent the dwelling unit at a fair rental rate. If the landlord rents the unit before the expiration of the current lease agreement, the existing lease agreement will terminate on the start date of the new tenancy, while the landlord retains the right to pursue remedies under Section 27-40-740. If the landlord does not make reasonable efforts to rent the unit at a fair rental rate, or if the landlord accepts the abandonment as a surrender, the lease agreement is considered terminated by the landlord on the date the landlord becomes aware of the abandonment. S.C. Code § 27-40-730

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	No notice is needed as the lease simply expires per the terms in the agreement. It is recommended to provide at least 60 days notice.
Notice to Terminate a Periodic Lease – Month-to-Month:	The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice. S.C. Code § 27-40-770
Notice to Terminate a Periodic Lease – Week-to-week:	The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice. S.C. Code § 27-40-770
Notice to Terminate Lease due to Sale of Property:	The purchaser shall be entitled to all the benefits and rights under such lease as if he had been the lessor from the date of the purchase. S.C. Code § 27-35-50
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	Five (5) days written notice is required before lease terminattion and filing for eviction. It can be written in the lease conspicuously so that termination can occur five (5) days after nonpayment of rent, though it here must be required language. S.C. Code § 27-40-710
Notice for Lease Violation:	Landlords are required to give 14 days written notice if a lessee is in noncompliance of the rental agreement. S.C. Code § 27-40-710
Required Notice before Entry:	Landlords are required to provide 24 hours’ notice and entry only at “reasonable” times once notified. S.C. Code § 27-40-530
Entry Allowed with Notice for Maintenance and Repairs:	Entry is allowed. Landlords are required to provide 24 hours’ notice and entry only at “reasonable” times once notified. S.C. Code § 27-40-530
Emergency Entry Allowed without Notice:	Entry is allowed without notice during emergency situations. S.C. Code § 27-40-530
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	Entry is allowed to show the property with at least 24 hours’ notice. S.C. Code § 27-40-530
Notice to Tenants for Pesticide Use:	Entry is allowed for pesticide use with at least 24 hours’ notice. S.C. Code § 27-40-530
Lockouts Allowed:	Lockouts are not permitted. S.C. Code § 27-40-760
Utility Shut-offs Allowed:	Landlords are not allowed to shut-off utilities. S.C. Code § 27-40-760
Electronic Notices Allowed:	no

Disclosures

By Type (19)

Protecting Your South Carolina Rental Investment

A well-drafted South Carolina rental lease agreement forms the foundation of successful property management. Given South Carolina’s hurricane vulnerability, significant military presence, and strong vacation rental market, comprehensive documentation becomes essential. Clear terms addressing storm procedures, move-in checklists, and security deposit requirements protect both landlord and tenant interests.

RocketRent provides South Carolina lease agreement templates designed to meet state requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your South Carolina rental lease agreement today and manage your properties with confidence.