South Carolina Sublease Agreement
A South Carolina sublease agreement is a legally binding contract that allows a current tenant, known as the sublessor, to rent out all or part of their property to another individual, referred to as the sublessee or subtenant. This arrangement can occur when the sublessor either seeks to share their living space or temporarily vacate the premises while retaining their lease obligations.
South Carolina Sublease Agreement
Right to Sublet
In South Carolina, tenants must obtain explicit written consent from their landlord before entering into a sublease agreement. If a tenant subleases their unit without this permission, the sublease is considered null and void, potentially leading to a violation of the original lease terms. It is crucial for tenants to review their lease agreements carefully to determine if subletting is permitted and under what conditions. If the lease does not explicitly allow subletting, tenants must seek written permission from the landlord.
Key Components of a Sublease Agreement
A standard South Carolina sublease agreement typically includes the following elements:
- Names of the Parties: Identification of the sublessor and sublessee.
- Rent: Details regarding the amount of rent, payment due dates, and payment methods.
- Term: Start and end dates of the sublease.
- Rental Unit Location: Address of the rental unit as per the master lease.
- Landlord’s Consent: A section detailing how the landlord’s permission is obtained, if not already included in the master lease.
- Master Lease Inclusion: A copy of the master lease must be attached, with any exceptions clearly stated.
- General Conditions: A clause stating that the written sublease contains all agreements and can only be modified in writing.
- Disputes: Procedures for resolving disputes between the sublessor and sublessee, potentially including mediation or arbitration.
- Liability: Responsibilities for damages incurred by the sublessee and the sublessor’s obligations to the landlord.
- Authorized Occupants: Identification of individuals authorized to reside in the rental unit.
- Lead-Based Paint Notice: Required disclosure if the property was built before 1978.
- Security Deposit: Information about the security deposit, which is held by the sublessor.
- Return of Security Deposit: The timeframe for returning the security deposit, which must be within 30 days.
- Utilities: Specification of which utilities are paid by the sublessor and which by the sublessee.
- Parking Policy: Guidelines for parking on the property.
- Smoking Policy: Any restrictions on smoking within the rental unit.
- Signatures: Signatures of all parties involved, including dates.
Tax Implications of a Sublease
In South Carolina, sublessors may be subject to state and local taxes if they sublet for a duration of fewer than 90 days. The applicable tax rates include:
- State Sales Tax: 5%
- State Accommodations Tax: 2%
- Local Sales and Use Tax: Varies by location
- Local Accommodations Tax: Up to 3% maximum
Certain exemptions apply, such as accommodations tax not being applicable to facilities with fewer than six sleeping rooms that are also the owner’s primary residence.
Legal Requirements
Laws Governing Subleasing
- Sublease and Assignment Provision Laws: SC Code § 27-35-60
- Landlord-Tenant Laws: SC Code Title 27, Property and Conveyances (Chapter 33)
Security Deposit Obligations
A sublessor is required to return a subtenant’s security deposit within 30 days of the lease’s conclusion.
Notices Required
- Rent Payment Notice: Five days’ written notice to the subtenant to pay rent or vacate.
- Non-Renewal Notice: 30 days’ written notice if the sublessor intends not to renew the lease.
- Violation Notice: 14 days’ notice to inform a tenant of a lease violation, allowing them to correct it or face eviction.
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
Yes, in South Carolina, tenants must obtain explicit written consent from their landlord before subletting their apartment. Without this permission, any sublease agreement is considered invalid and may violate the original lease terms.
If you sublet your property for fewer than 90 days, you may be subject to state and local taxes, including a 5% state sales tax and a 2% state accommodations tax. Additional local taxes may also apply, depending on your location.
A South Carolina sublease agreement should include the names of the parties, rent details, the term of the sublease, the rental unit’s location, landlord’s consent, and conditions regarding disputes, liability, and utilities, among other important clauses.
If you sublet your property without obtaining your landlord’s written consent, the sublease is invalid. This could lead to potential eviction or legal action for violating the lease agreement.
In South Carolina, a sublessor must return a subtenant’s security deposit within 30 days after the end of the lease. This timeframe can be specified in the lease agreement but cannot exceed 30 days.
Yes, even after granting consent to sublet, a landlord has the right to reject a specific subtenant if they believe the subtenant is unqualified, such as having a poor credit history or insufficient income.
In South Carolina, a short-term rental is defined as one with a duration of fewer than 90 days. Such rentals are subject to specific state and local taxes.
Failing to include the master lease in a sublease agreement can lead to misunderstandings about the terms and conditions that govern the rental. It is essential to attach a copy of the master lease to ensure all parties are aware of their rights and obligations.