Start a comprehensive and legally binding South Carolina lease agreement to rent real estate you own to one or more tenants. Get guidance on each step and expert tips with the help of our contract maker.
Last Update January 25th, 2023
- What is a South Carolina Standard Lease Agreement
- Types of South Carolina Lease Agreements
- Disclosures for South Carolina Lease Agreements
- South Carolina Lease Agreement Laws
- South Carolina Residential Lease Agreement Sample
- FAQs About South Carolina Lease Agreement
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What is a South Carolina Standard 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.
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
Types of South Carolina Lease Agreements
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.
Disclosures for South Carolina Lease Agreements
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.
South Carolina Lease Agreement Laws
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.
South Carolina Residential Lease Agreement Sample
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.
FAQs About South Carolina Lease Agreement
It is important to carefully prepare a South Carolina lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in South Carolina.
South Carolina Lease Agreement or Rental Agreement?
There is a key difference between a South Carolina lease agreement and a/an South Carolina rental agreement, which is the length of duration that they each cover.
Lease agreements are normally longer-term arrangements that can last several months or even years, in which their terms remain fixed. Rental agreements on the other hand are shorter-term in nature but are more flexible and may be changed on a weekly or monthly basis.
How to Write an SC Lease Termination Letter?
If either the landlord or tenant for any reason needs to terminate a South Carolina lease agreement early, they must provide the correct amount of notice in a written SC lease termination letter.
This letter needs to contain the following information:
The name of the landlord and the tenant
The date the letter has been written and signed
The name and address of the property in question
Information explaining why the tenancy needs to be terminated early
The reason the lease is being broken
The date that the resident will vacate the property
Acknowledgment of any penalties that will be incurred
Signature of the signing party
Can a Lease be Negotiated in South Carolina?
Yes, a South Carolina residential lease agreement can be negotiated before it is signed. The landlord and tenant will usually discuss the terms before the agreement is put into action. However, once a lease agreement is signed it cannot be altered until it comes to its natural end or is canceled.