South Carolina Month-to-Month Lease Agreement

A South Carolina month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy full rights under South Carolina landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

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 enable smooth communication of legal notice.
• 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.
• 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 terminate a month-to-month lease with at least 30 days of advance notice. [1] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

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 requires that notice of a rental increase be delivered in writing, but doesn’t specify a particular timeframe for advance notice. 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, which in South Carolina is 30 days.

Eviction in South Carolina Month-to-Month Rentals

South Carolina tenants may face eviction for violating a month-to-month lease or remaining 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.