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South Carolina Lease Agreement Templates (7)

A South Carolina lease agreement is a legally binding contract allowing a tenant to live at a property in exchange for paying rent to the landlord. The agreement can be written for commercial or residential property. It is recommended that all tenants have their income and credit verified through a rental application.
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By Type (7)

Standard Residential Lease Agreement – The most common type of lease with a term of one year.

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Association of Realtors (Form 410) – This document is provided by the South Carolina Association of Realtors for standard tenancies between landlord and tenant.

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Commercial Lease Agreement (Form 400) – For tenancies that are work or business-related. Not for the use of livable space.

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Month-to-Month Lease Agreement – Known as a tenancy at will and renews every month with payment to the landlord. The term can be ended with at least 30 days’ notice from either party.

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Rent-to-Own Lease Agreement – Standard residential document with the added language that gives the tenant the right to buy the property.

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Room Rental (Roommate) Agreement – For persons living in a shared living situation.

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Sublease Agreement – Used to sublet, meaning that a person with a lease may rent their space during their own term. Most agreements require that the landlord consent to this type of tenancy.

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Required Disclosures (3)

  1. Agent/Landlord Information – The name and address of the owner of the premises and of any agent thereof must be disclosed to the tenant in writing at or before the start of tenancy.[1]
  2. Lead-Based Paint Disclosure & EPA Pamphlet – The landlord of a building that was constructed prior to 1978 must inform all new tenants of the possible existence of lead paint on the premises.
  3. Unequal Deposits (conditional) – If the landlord rents more than four adjoining units and imposes different standards for calculating the required security deposit for different tenants, they must disclose these standards to prospective tenants.[2]

Security Deposits

Maximum Amount – There is no statutory maximum in South Carolina. The landlord may charge as much as they desire for a security deposit.

Collecting Interest – South Carolina state law does not require that a landlord hold a security deposit in an interest-bearing account.

Returning – The landlord must return the security deposit, minus any withheld amounts, to the tenant within 30 days of the end of tenancy or the delivery of possession of the unit, whichever is later.[3]

  • Itemized List – Any deduction from the security deposit must be itemized by the landlord in a written notice delivered to the tenant within 30 days of the end of tenancy or the delivery of possession.[3]

When is Rent Due?

Grace Period – The tenant must pay the rent within five days of the due date. Otherwise, they may be evicted for nonpayment of rent.[4] To alert the tenant to this possibility, the landlord may serve a five-day notice to pay the rent or quit the premises.

Maximum Late Fee – There is no established maximum late fee in South Carolina. However, any late fees charged to the tenant should be mentioned in the lease.

NSF Fee – $30 is the maximum allowable charge for a bounced check written by the tenant.[5]

Withholding Rent – If the landlord fails to provide essential services, as required by the lease agreement or by law, the tenant may procure these services on their own and deduct the cost of the services from the rent.[6]

Right to Enter (Landlord)

Standard Access – The landlord must give the tenant at least 24 hours’ notice before entering the premises to provide ordinary or periodic services, and they may only enter the property at reasonable times.[7]

Immediate Access – The landlord may enter the property without the consent of the tenant in the case of an emergency, or when prospective changes in weather conditions pose a serious threat to the property.[8]

Abandonment

Absence – If the tenant has been unexplainedly absent from the unit for at least 15 days after defaulting on rent, the property must be considered abandoned.[9]

Breaking the Lease – If the landlord materially violates the terms of the lease agreement or their obligations under the law in a way that affects the health and safety of the tenant, the tenant may terminate the lease 14 days after giving notice.[10]

Tenant’s Utility Shutoff – If the tenant has voluntarily terminated the utilities, and they are absent without explanation and in default on rent, the landlord may immediately consider the property to have been abandoned.[11]

Unclaimed Property – The landlord may promptly dispose of any abandoned property worth $500 or less.[12] If personal property left behind by the tenant is worth more than $500, the landlord may only remove it through the codified eviction procedure.[13]

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