South Carolina Month-to-Month Lease Agreement

A South Carolina month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.

Basics of a South Carolina Month-to-Month Rental Agreement

In South Carolina, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.

Parties under a month-to-month lease have full rights under Delaware landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in South Carolina

South Carolina landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

• Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to ensure smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses.
  
• Security Deposit Inequality Disclosure – South Carolina landlords leasing four or more adjoined units in the same building must collect the same amount of security deposit for each, by default. A landlord must provide a special disclosure when collecting differing deposit amounts from one unit to the next.
• Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

Required Notice To End a Month-to-Month Rental in South Carolina

South Carolina lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. [1] In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.

South Carolina requires written notice to end a month-to-month lease.

Required Notice To Raise the Rent on a South Carolina Month-to-Month Lease

South Carolina doesn’t set a specific timeframe for notice to raise the rent. This means in most cases, it’s reasonable for a landlord to use the same amount of advance notice as required for other major changes like termination. In South Carolina, this is 30 days.

South Carolina requires written notice to raise the rent.

Eviction in South Carolina Month-to-Month Rentals

South Carolina tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in South Carolina typically take four to nine weeks.

For more information on the eviction process in South Carolina, click here.