Grab our free sample or generate an official South Carolina lease agreement for residential use. Read further about required disclosures in South Carolina, optional addendums for things like pets, and what South Carolina landlord tenant laws apply to residential lease agreements.
Lease Agreement Sample
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Security Deposits in South Carolina
In the state of South Carolina, there is no statute that will limit the amount that a landlord can charge for a security deposit. This deposit can be used to pay for unpaid rent or fees when the tenant vacates the property, as well as any damages that the unit has from the non-complaint actions of the tenant. Once the tenant moves out, the landlord will have a period of 30 days to return the deposit or provide the tenant with a written list of the damages that the money will be repairing. If the landlord fails to comply with this statute, the tenant will be able to get three times the amount of the security deposit that they left with the landlord as well as the attorney’s fees for the case.
Breaking a Lease in South Carolina
A tenant is not permitted to break their rental agreement without any repercussions for doing so. A tenant cannot simply decide that they would like to live in another neighborhood or live in an area where there are better schools for the children to attend. When a tenant breaks a lease, they may be responsible for paying the amount that is owed until the term of the lease expires. There may be fees added to the cost of the rent, and breaking the lease could cause the landlord to keep the security deposit. Some of the legal exceptions that will keep a tenant from facing penalties include:
- Starting active military duty.
- The unit is unsafe to live in.
- The landlord has been harassing the tenant or violating their privacy.
Eviction Process in South Carolina
When a landlord would like to evict a tenant because they have failed to pay the rent on time or they are not compliant with the terms of the rental agreement, the first step is to send the tenant one of three different kinds of Notice to Quit documents. These can be used for non-payment or non-compliance, so make sure to use the correct one when sending the notice. After the notice is posted, the landlord can take the issue to the court that is located in the county where the property is located in to file for an Application of Ejectment. The court will then issue a Rule to Show Cause with a hearing date that the tenant must attend. At the hearing, the judge will make a ruling, and if the tenant loses, they will have five days to vacate the premises.