South Carolina Lease Agreements | Residential & Commercial

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A South Carolina lease agreement is a legally binding contract for the purpose of allowing a landlord to rent property to a tenant in exchange for rent. The agreement can be written for both commercial and residential property to allow a tenant to occupy space and pay rent, usually on the first (1st) of the month. It is recommended that all tenants have their income and credit verified through a rental application.

Rental Application (Form 460) – Tool used for landlords as a way to verify that a potential tenant is credible before authorizing a rental contract.

Table of Contents

Agreement Types (8)


Association of Realtors (Form 410) – This document is provided by the South Carolina Assoc. 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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Lease with Option to Purchase Agreement – Standard residential document with the added language that gives the tenant the right to buy the property.

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Month to Month Lease Agreement (§ 27-40-770) – Known as a tenancy at will and renews every month with payment to the landlord. The term can be ended with at least thirty (30) days’ notice from either party.

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

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Standard Residential Lease Agreement – The most common type of lease with a term of 1-year.

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

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Termination Lease Letter – To cancel a month-to-month arrangement by means of sending this notice with at least thirty (30) days prior to the announced end date.

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Disclosures

Agent/Landlord Information (§ 27-40-420) – Any person allowed onto the property must be stated prior to or at lease signing along with the owner/manager’s name and address for legal notices.

Lead-Based Paint Disclosure – All residences that were constructed prior to 1978 are eligible to have lead paint in them and therefore the landlord must notify all new tenants.

Unequal Deposits (§ 27-40-410) – If the landlord owns more than four (4) adjoining dwelling units and imposes different security deposit amounts for different criteria of individuals, the rules for setting this amount must be listed in a conspicuous place by the landlord or listed in the rental contract.

Access

The landlord must give the tenant at least twenty-four (24) hours before entering the premises and must be during the hours described in § 27-40-530.

Security Deposits

Maximum – There is no State cap. The landlord may charge as much as they deem necessary.

Returning (§ 27-40-410) – Thirty (30) days from the termination date and the premises have been returned to the landlord.

Guides & References

(Video) What are the South Carolina Rental Laws