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South Carolina

A South Carolina residential lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions for renting a property. This agreement includes essential details such as the names and contact information of both parties, the address of the premises, the lease term, payment details, and required disclosures.

Required Lease Disclosures

South Carolina law mandates specific disclosures that must be included in residential lease agreements:

  1. Agent/Landlord Information: Landlords must disclose the names and addresses of anyone authorized to manage the property. This ensures that tenants have clear communication channels for any legal notices.

  2. Lead-Based Paint Disclosure: If the property was built before 1978, landlords are required to inform tenants about the potential presence of lead-based paint and provide an Environmental Protection Agency (EPA) pamphlet regarding its dangers.

  3. Unequal Deposits: For landlords managing four or more adjoining units, if different security deposit amounts are charged, the rationale for these differences must be explained in writing to all tenants.

Security Deposit Laws

  • Maximum Amount: There is no statutory limit on the amount a landlord can charge for a security deposit.
  • Returning the Deposit: A security deposit must be returned within 30 days after the end of the tenancy.
  • Withholding Rules: Landlords may deduct from the security deposit for unpaid rent or damages caused by the tenant’s failure to maintain the unit. A written statement detailing any deductions must be provided to the tenant.

Rent Payment Laws

  • Grace Period: Tenants have a grace period of five days from the due date to make their rent payment.
  • Maximum Late Fee: South Carolina law does not impose a cap on late fees, but landlords should specify any late fees in the lease agreement.
  • NSF Fee: Landlords may charge a fee of up to $30 for returned checks.

Landlord Right of Entry

  • Notice Requirements: Landlords must provide at least 24 hours' advance notice before entering the premises, except in emergencies. Entry must occur at reasonable hours.

Property Repairs

  • Landlord Responsibilities: Landlords are responsible for maintaining common areas in a safe condition and ensuring that running water and hot water are available.
  • Tenant Responsibilities: Tenants must keep their dwelling unit and the areas they use in a clean and safe condition.

Terminating a Lease

  • Month-to-Month Tenancy: To terminate a month-to-month tenancy, a landlord must provide a 30-day notice.
  • Unclaimed Property: If a tenant is absent for more than 15 days after defaulting on rent, the landlord may presume abandonment and may dispose of personal property valued at less than $500.

FAQs

In South Carolina, landlords must provide several required disclosures in a lease agreement, including the landlord’s name and address, a lead-based paint disclosure for properties built before 1978, and an explanation of any unequal security deposits if the landlord manages four or more adjoining units. These disclosures ensure tenants are informed about important health and safety issues.

In South Carolina, a landlord must return the security deposit to the tenant within 30 days after the end of the lease. If any deductions are made for damages or unpaid rent, the landlord must provide a written statement detailing these deductions.

No, South Carolina does not impose a cap on late fees for rent payments. However, landlords should specify any late fees in the lease agreement, and tenants have a grace period of five days to pay rent before the landlord can issue a notice for non-payment.

Yes, a lease can automatically renew in South Carolina. Most rental agreements will transition to a month-to-month rental agreement after the initial term ends, maintaining the same basic terms and conditions unless otherwise specified.

If a tenant is absent for more than fifteen days after failing to pay rent, the landlord may presume the property is abandoned. The landlord can then enter the premises and dispose of any personal property valued at less than $500, but they should attempt to notify the tenant before doing so.

No, lease agreements in South Carolina do not need to be notarized to be valid. A lease is legally binding once signed by both the landlord and tenant, regardless of notarization.

There is no statutory limit on the amount a landlord can charge for a security deposit in South Carolina. However, the deposit must be returned within 30 days after the lease ends, and any deductions must be clearly communicated to the tenant.

A South Carolina lease agreement should include the property address, names of the landlord and tenant, lease term, payment details, security deposit information, and any required disclosures. It may also outline rules regarding pets, smoking, and maintenance responsibilities.