Free South Carolina Residential Lease Agreement

An SC lease agreement is a legally binding contract between a landlord and a tenant. This is written to conform to state laws where the property is located. In South Carolina these allow both parties to comply with a series of set terms for a specified number of months or years.

Rental contracts and lease agreements have a lot of similarities as they both set out payment plans and the terms of use for a house or apartment. However, the big difference is the duration that they cover. Rental agreements usually only cover short-term tenancies of a few months at a time or month-to-month contracts.

A lease agreement should contain the following details:

• How long the tenant may legally reside in the property

• How much rent should be paid

• Information about the security deposits necessary

• When rental installments are due

• Any additional costs that must be serviced by the tenant

• The rules regarding the proper use of the property

• Situations that constitute lease violation eviction procedures

There are many types of South Carolina lease agreement forms that can be used to manage and legally bind many different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.

The most common types of lease agreements in South Carolina include:

• Standard residential lease agreements: Under a standard SC lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.

• Lease with option to purchase agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. This requires them to pay a sum of money each month, in addition to rent, to cover the costs of the principal.  

• Month-to-month rental agreements: Month-to-month SC lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month. 

• Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.

• Room rental agreements: In rental properties with shared living areas a room rental agreement can be used to rent a singular bedroom. 

• Sublease Agreement: A South Carolina sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.

South Carolina lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property or details about how the property is managed that they must be aware of. 

These essential addendums include the following: 

• Agent/owner identification (§ 27-40-420): An SC lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf.

• Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises. 

• Unequal deposits (§ 27-40-410): Landlords that own four (4) or more connected dwelling units and set different deposit amounts based on specific criteria must state the information used to calculate the deposit in the rental contract or display it in a conspicuous place.

An SC lease agreement must be written and signed within the laws of South Carolina state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.

The most important laws to consider when you are renting a property in South Carolina include:

• Security deposits: There is no limit on how much South Carolina landlords may charge tenants as a security deposit. However, the amount collected must be returned 30 days after the property has been returned to the owner according to § 27-40-410.

• Landlord’s right to enter: Landlords can enter the rental property by giving 24 hours’ advance notice (a written notice is recommended). They may only do so between the hours detailed in § 27-40-530.

Before beginning the process of creating a residential lease agreement in South Carolina it is sensible to review an example document first. Use our South Carolina lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.

Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you: 

• South Carolina Rental application

• South Carolina Eviction notice