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South Carolina Residential Lease Agreement

South Carolina sets no statutory security deposit cap, but a landlord must return it within 30 days. Create a free South Carolina lease agreement online.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, covering rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the lease ends. In South Carolina, leases are governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. Title 27, Chapter 40. The Act sets no statutory cap on a security deposit, but the landlord (or lessor) must return it to the tenant (or lessee), less any lawful deductions itemized in a written notice, within 30 days after the later of the tenancy's termination and delivery of possession, or the tenant's demand. At or before the start of the tenancy, the landlord must disclose in writing the name and address of the owner or an authorized agent, and if the home was built before 1978 the landlord must also give the federal lead-based paint pamphlet and disclosure. Before entering the rental unit the landlord must give the tenant at least 24 hours notice and may enter only at reasonable times. South Carolina has no rent control: state law bars counties and cities from regulating the rent charged on privately owned residential property. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's home, covering rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the lease ends.

  2. 2

    South Carolina sets no statutory cap on a security deposit, but the landlord must return it, less any lawful deductions itemized in a written notice, within 30 days after the later of move-out and delivery of possession, or the tenant's demand (S.C. Code Ann. Section 27-40-410).

  3. 3

    The landlord must disclose in writing, at or before the tenancy begins, the name and address of the owner or an authorized agent for service of process and receiving notices (S.C. Code Ann. Section 27-40-420). If the home was built before 1978, the federal lead-based paint pamphlet and disclosure are also required.

  4. 4

    The landlord must give at least 24 hours notice before entering the rental unit and may enter only at reasonable times (S.C. Code Ann. Section 27-40-530).

  5. 5

    There is no statutory cap on a late fee and no statutory grace period. Separately, the landlord may terminate for nonpayment of rent only after the tenant is five days late and has been given written notice of nonpayment and intent to terminate (S.C. Code Ann. Section 27-40-710(B)).

  6. 6

    A month-to-month tenancy ends with at least 30 days written notice from either party; the Act sets no separate notice period for a rent increase, which is typically delivered through that same 30-day notice (S.C. Code Ann. Section 27-40-770(b)).

  7. 7

    South Carolina has no rent control. State law preempts counties and municipalities from enacting or enforcing any ordinance that regulates residential or commercial rent (S.C. Code Ann. Section 27-39-60).

Key decisions before you file

Before you file a Residential Lease Agreement in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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SOUTH CAROLINA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement (Lease) is entered into on [DATE] between [LANDLORD NAME] (Landlord, also called the lessor) and [TENANT NAME] (Tenant, also called the lessee), for the residential property located at [PROPERTY ADDRESS], South Carolina (Premises). This Lease is governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. Title 27, Chapter 40.

  2. TERM This Lease begins on [START DATE] and [is a fixed term ending on [END DATE], or continues month-to-month]. Either party may end a month-to-month tenancy with at least 30 days written notice before the termination date stated in the notice (S.C. Code Ann. Section 27-40-770(b)).

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month. South Carolina's Act sets no cap on a late fee and no statutory grace period. Separately, Landlord may terminate this Lease for nonpayment only after Tenant is five days late and Landlord has given written notice of nonpayment and intent to terminate (S.C. Code Ann. Section 27-40-710(B)). Late fee, if any: [AMOUNT/TERMS].

  4. SECURITY DEPOSIT Landlord may collect a security deposit of $[AMOUNT]. South Carolina sets no statutory cap on the deposit amount. Within 30 days after the later of (i) termination of the tenancy and delivery of possession, or (ii) Tenant's demand, Landlord must return the deposit, less any lawful deductions itemized in a written notice (S.C. Code Ann. Section 27-40-410). No interest or escrow account is required by statute. A landlord who wrongfully withholds a deposit in bad faith may owe Tenant three times the amount withheld plus reasonable attorney's fees.

  5. DISCLOSURES At or before the start of the tenancy, Landlord discloses in writing the name and address of the owner of the Premises, or a person authorized to act as agent, including for service of process and receiving notices or demands: [OWNER/AGENT NAME AND ADDRESS] (S.C. Code Ann. Section 27-40-420). If the Premises was built before 1978, Landlord attaches the federal Lead-Based Paint disclosure and pamphlet (42 U.S.C. Section 4852d).

  6. ENTRY Landlord shall give Tenant at least 24 hours notice of an intent to enter the Premises and may enter only at reasonable times (S.C. Code Ann. Section 27-40-530).

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and safe and use it only for residential purposes. Landlord shall comply with applicable building and housing codes materially affecting health and safety.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 30 days written notice (Section 27-40-770(b)). The Act sets no separate advance-notice period for a rent increase; on a month-to-month tenancy an increase is typically delivered through that same 30-day notice. This Lease may not authorize a confession of judgment, waive Tenant's rights or remedies under the Act, or limit Landlord's statutory liability; such provisions are unenforceable (S.C. Code Ann. Section 27-40-340). South Carolina has no rent control; state law preempts local rent-control ordinances (S.C. Code Ann. Section 27-39-60).

SIGNATURES

[LANDLORD NAME], Landlord Date: [DATE]

[TENANT NAME], Tenant Date: [DATE]

Note: This Lease is governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. Title 27, Chapter 40. This is a South Carolina lease skeleton. For the complete, customizable template, see the full Residential Lease Agreement template.

South Carolina Requirements for Residential Lease Agreement

Return the Security Deposit Within 30 Days

South Carolina sets no statutory cap on a security deposit amount, but the landlord must return the deposit, less any lawful deductions itemized in a written notice, within 30 days after the later of the tenancy's termination and delivery of possession, or the tenant's demand (S.C. Code Ann. Section 27-40-410). A landlord who withholds a deposit in bad faith may owe the tenant three times the amount wrongfully withheld plus reasonable attorney's fees.

Disclose the Owner or Agent and Any Lead Paint Hazard

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the property owner or an authorized agent for service of process and receiving notices (S.C. Code Ann. Section 27-40-420). If the dwelling was built before 1978, federal law separately requires the landlord to give the EPA-approved lead-based paint pamphlet and a written disclosure of known lead-based paint hazards before the lease is signed (42 U.S.C. Section 4852d).

Give at Least 24 Hours Notice Before Entering

The landlord must give the tenant at least 24 hours notice of an intent to enter the premises and may enter only at reasonable times (S.C. Code Ann. Section 27-40-530).

No Statutory Late-Fee Cap; Five-Day Nonpayment Notice

South Carolina's Landlord and Tenant Act sets no cap on the amount of a late fee and no statutory grace period before a late fee applies. Separately, if rent is unpaid, the landlord may terminate the lease for nonpayment only after the tenant is five days late and the landlord has given written notice of nonpayment and intent to terminate (S.C. Code Ann. Section 27-40-710(B)).

End a Month-to-Month Tenancy With 30 Days Notice

Either the landlord or the tenant may terminate a month-to-month tenancy by giving the other at least 30 days written notice before the termination date stated in the notice (S.C. Code Ann. Section 27-40-770(b)).

Rent Increases Follow the Same 30-Day Notice

The Act contains no section setting a required advance-notice period specifically for a rent increase. On a month-to-month tenancy, a rent increase functions as a change of terms and is typically delivered through the same 30-day notice used to end or change the tenancy (S.C. Code Ann. Section 27-40-770(b)).

No Rent Control in South Carolina

South Carolina has no statewide rent control, and state law bars counties and municipalities from enacting or enforcing any ordinance that regulates the rent charged for privately owned residential or commercial rental property (S.C. Code Ann. Section 27-39-60).

Prohibited Lease Provisions

A rental agreement may not authorize a confession of judgment, waive a tenant's rights or remedies under the Act, or limit the landlord's statutory liability; any such provision is unenforceable (S.C. Code Ann. Section 27-40-340).

Frequently Asked Questions

A South Carolina residential lease should identify the landlord (lessor) and tenant (lessee), the rental address, the term and rent amount, the security deposit terms, and each party's duties. It should also reflect the South Carolina Residential Landlord and Tenant Act's rules on deposit return, required disclosures, and entry notice, since those terms apply by law even if the lease is silent (S.C. Code Ann. Title 27, Chapter 40).

South Carolina law sets no statutory cap on the amount of a security deposit. The landlord must return the deposit, less any lawful deductions itemized in a written notice, within 30 days after the later of the tenancy's termination and delivery of possession, or the tenant's demand (S.C. Code Ann. Section 27-40-410). A landlord who wrongfully withholds a deposit in bad faith may owe the tenant three times the amount withheld plus reasonable attorney's fees.

You can generate a South Carolina lease agreement at no cost by filling in the parties, rental address, term, rent, and deposit terms in a template built around the South Carolina Residential Landlord and Tenant Act. The template is free to create; attorney review is available as an option if you want a licensed attorney to check it before you sign.

No. A residential lease agreement in South Carolina does not need to be notarized or witnessed to be valid. It becomes binding once the landlord and tenant sign it. Keeping a signed copy for each party is good practice, but notarization is not a statutory requirement under the South Carolina Residential Landlord and Tenant Act.

No. Under S.C. Code Ann. Section 27-40-530, a landlord must give the tenant at least 24 hours notice of an intent to enter the rental unit and may enter only at reasonable times. The lease cannot lawfully waive this notice requirement, since the Act voids any lease provision that waives a tenant's rights or remedies under it (Section 27-40-340).

At or before the tenancy begins, the landlord must disclose in writing the name and address of the property owner or an authorized agent, including for service of process and receiving notices (S.C. Code Ann. Section 27-40-420). If the dwelling was built before 1978, federal law also requires the landlord to give the EPA-approved lead-based paint pamphlet and a written disclosure of any known lead-based paint hazards (42 U.S.C. Section 4852d).

Either the landlord or the tenant may end a month-to-month tenancy by giving the other at least 30 days written notice before the termination date stated in the notice (S.C. Code Ann. Section 27-40-770(b)). The Act does not set a separate advance-notice period for a rent increase; on a month-to-month tenancy an increase is typically communicated through that same 30-day notice.

The South Carolina Residential Landlord and Tenant Act sets no cap on the amount of a late fee and no statutory grace period before one applies. Separately, if rent is unpaid, the landlord may terminate the lease for nonpayment only after the tenant is five days late and the landlord has given written notice of nonpayment and intent to terminate (S.C. Code Ann. Section 27-40-710(B)).