Flexibility is often a key driver of rental decisions, especially when your future plans are uncertain. In these circumstances, South Carolina permits landlords to offer month-to-month leases that automatically renew each month, giving both parties flexibility to adjust as needed.
Although the agreement stays open-ended, it still carries legal obligations. A South Carolina month-to-month lease agreement creates a tenancy at will that must comply with all state landlord-tenant laws. Here, we’ll break down those requirements, so you know what applies before the tenancy begins.
Disclosures (3)
Before handing over the keys, South Carolina law requires landlords to provide certain disclosures that explain who manages the property and what conditions may affect the tenant’s health or safety.
- Lead-based paint: A federal requirement, all landlords must disclose any known information about lead-based paint and its hazards in all properties built before 1978.
- Landlord’s contact information: All lease agreements must include the name and contact information of the landlord or property manager (S.C. Code Ann. § 27-40-420).
- Unequal deposits: If a landlord owns four or more adjoining units in the same building, they must collect the same security deposit amount from all tenants. Otherwise, they must either post the calculation behind the discrepancy in a conspicuous place on the property or disclose it in the lease template (SC Code § 27-40-410).
Optional Disclosures and Addenda
Optional disclosures provide structure for day-to-day living arrangements and help reduce confusion about responsibilities. While not required by state law, many landlords include them to set expectations early.
Asbestos: Informs tenants of any known asbestos in the rental and provides suggestions to avoid or limit exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Outlines the fees related to late or returned rent checks. South Carolina law does not limit the amount you can charge as a late fee. Returned check fees are capped at $30 per check (S.C. Code § 34-11-70(3)).
Medical marijuana use: Explains the rules regarding the use of medical marijuana in the rental.
Mold disclosure: Tells of any known or suspected mold issues in the unit, as well as treatment and removal options.
Move-in checklist: Details the condition of the unit at the tenant’s move-in, including any existing damages.
Non-refundable fees: List any fees that the landlord will not refund or return at the end of the rental agreement.
Shared utilities: If any units share a utility meter, the landlord must explain how you split the utility charges between tenants.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional South Carolina Month-to-Month Lease Laws
Once the lease is signed, South Carolina landlord-tenant law continues to govern the rental. These laws influence everything from notice requirements to eviction procedures. Here’s what you need to know.
Notice to Terminate a Month-to-Month Agreement
Ending a month-to-month tenancy in South Carolina requires written notice delivered within the timelines set by state law.
Required notice for tenant: Tenants must provide at least 30 days’ written notice before terminating a month-to-month lease (S.C. Code § 27-40-770).
Required notice for the landlord: Landlords must also give tenants at least 30 days’ written notice to terminate a month-to-month agreement (S.C. Code § 27-40-770).
Laws Governing Rent Increases
Month-to-month rentals allow landlords to revisit rent more often, but South Carolina law still requires advance notice.
South Carolina does not enforce rent control or rent stabilization. Landlords may increase rent by any amount as long as they provide proper written notice before the increase takes effect. In most cases, landlords give at least 30 days’ notice to align with the termination notice period.
Rent increases cannot punish tenants for asserting legal rights or reporting code violations. Landlords must also follow federal fair housing laws when adjusting rent.
Lease Violations and Eviction
If a problem ever arises, South Carolina law outlines clear steps landlords must take before removing a tenant.
Missed rent payment: If a tenant fails to pay rent, landlords may issue a 5-day Notice to Pay or Quit before filing for eviction (S.C. Code § 27-40-710).
Lease violation: For lease violations other than the nonpayment of rent, landlords may deliver a 14-day Notice to Cure or Quit. If the tenant does not correct the issue within that timeframe, the landlord may proceed with eviction (S.C. Code § 27-40-710).
Lease abandonment: If a tenant leaves the unit without notice and without intent to return, the landlord may treat the property as abandoned and take steps to regain possession and re-rent the unit while attempting to recover unpaid rent from the tenant.
Self-help evictions: In South Carolina, self-help evictions are illegal, and landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Rent payment rules establish predictability and help avoid disputes during a month-to-month tenancy.
Rent control/stabilization: South Carolina has no rent control or rent stabilization laws.
Late rent fees: State law does not limit late fees, but landlords must charge a reasonable amount and clearly disclose the fee in the lease.
Grace period: South Carolina law grants tenants 5 days from their due date to pay rent before landlords may terminate the rental agreement (S.C. Code § 27-40-710).
Tenant’s right to withhold rent: Tenants may not withhold rent on their own. South Carolina requires tenants to follow specific legal procedures, such as court action, when addressing habitability issues (S.C. Code § 27-40-610).
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the lease clearly explains the charges.
Security Deposits
South Carolina law sets clear expectations for how landlords must handle security deposits.
Maximum amount: South Carolina does not limit how much a landlord may collect as a security deposit.
Deposit receipt: Landlords do not need to provide a receipt for the security deposit unless the tenant requests one.
Interest payments: State law does not require landlords to pay interest on security deposits.
Security deposit return: It is the tenant’s responsibility to provide a forwarding address at move-out. If they don’t, the tenant cannot claim damages if the landlord sends the balance of the deposit to their last known address and the tenant does not receive it (S.C. Code § 27-40-410).
Deductions: Landlords must provide tenants with an itemized list of deductions from their security deposit, along with the remaining funds, within 30 days of move-out (S.C. Code § 27-40-410).
Property Access Laws
From time to time, landlords may need to enter the rental property, whether for routine maintenance or an actual emergency. Following South Carolina guidelines helps ensure landlords complete their to-do list while also respecting the tenant’s privacy.
Advance notice: South Carolina requires landlords to give reasonable notice before entering a tenant’s unit, except in emergencies. They must also enter only at reasonable times (S.C. Code § 27-40-530).
Immediate access: In an emergency, landlords may enter the property without notice.
Harassment: Repeated entry without notice or entering without just cause may qualify as landlord harassment and could allow a tenant to terminate the lease early.
