A South Carolina rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. South Carolina landlord-tenant law governs and regulates these agreements.
South Carolina Rental Agreement Types
A South Carolina roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
South Carolina Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – South Carolina leases must provide the name and address of the landlord or authorized agent. This allows smooth delivery of important legal notice and other communications.
- Security Deposit Inequality Disclosure (required for some leases) – South Carolina lets landlords charge different security deposits for different tenants. When a landlord rents out four or more adjoined units, and asks for differing amounts of security deposits from different tenants, tenants must be notified and given an explanation as to why.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a South Carolina residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in South Carolina, click here.
South Carolina Landlord Tenant Laws
- Warranty of Habitability – South Carolina landlords can only rent out habitable property. This means providing features important to basic health and safety, like sound construction, hot water, heating, and plumbing. A landlord must repair any such features within 14 days of proper notice from a tenant. Failure to repair lets a tenant terminate the lease or sue the landlord. South Carolina does not let tenants withhold rent, or repair and deduct.
- Evictions – South Carolina landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. This means most evictions in South Carolina take between two weeks to one month.
- Security Deposits – South Carolina does not set a maximum cap on the amount of a security deposit. The landlord must return any unused portion of a security deposit within 30 days of lease termination.
- Lease Termination – South Carolina tenants can break a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – South Carolina doesn’t set a maximum cap or require advance notice for rent increases. There are also no limits on late fees. Bounced check fees are limited to $30.
- Landlord Entry – South Carolina landlords have the right to enter rental property for purposes related to the tenancy, like repairs, inspections, and property showings. In most non-emergency situations, a landlord must provide at least 24 hours of advance notice before entering and can enter only during defined business hours.
- Settling Legal Disputes – South Carolina allows landlord-tenant disputes in small claims court when the amount in controversy is below $7,500. Unlike many states, South Carolina empowers its small claims courts to handle evictions. Most landlord-tenant issues in South Carolina fall under a three-year statute of limitations.
To learn more about landlord tenant laws in South Carolina, click here.
Sources
- 1 S.C. Code § 34-11-70(3)
-
A service charge of not more thirty dollars is payable by the drawer of a draft, a check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of a then existing debt including, but not limited to, consumer credit transactions, and is dishonored. This service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to a presumption of fraud so that it is not necessary to issue the notice to the person at the address as printed on the instrument set forth in items (1) and (2).
Source Link
