How Long Can a Residential Lease Be in South Carolina?

Depending on circumstances, in South Carolina it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year.

Is a Contract to Lease Binding in South Carolina?

Yes, a contract to lease is legally binding in South Carolina. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in South Carolina?

No, lease agreements do not need to be notarized in South Carolina. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in South Carolina?

Yes, a lease can automatically renew in South Carolina. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

South Carolina Residential Lease Agreement

A South Carolina residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

South Carolina Residential Lease Agreement Disclosures

These disclosures are required for residential lease agreements in South Carolina:

Disclosure	Applicable To
Landlord’s Name and Address	All Units
Security Deposit Inequality	Properties of At Least 4 Adjoining Units, Collecting Different Deposit Amounts
Lead Paint	All Units Built Before 1978

Landlord’s Name and Address

Applies to all South Carolina rentals.

South Carolina leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.

Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.

Security Deposit Inequality Disclosure

Applies to South Carolina properties with four or more adjoining rental units, which are not all collecting the same deposit amount.

South Carolina landlords leasing four or more adjoined units in the same building must collect the same amount of security deposit for each. This is a default position. A landlord must provide a disclosure in order to collect differing deposit amounts. This notice must include the method for calculating the deposit. It must be disclosed in a conspicuous place on the property, or prominently in the lease agreement.

This is an example of a security deposit inequality disclosure:

SECURITY DEPOSIT CALCULATION. This property uses the following method of calculating security deposits due:

[ ] Home Square Footage
[ ] Number of Tenants
[ ] Other:___________________________________________________________

Download: South Carolina Security Deposit Inequality Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applies to any South Carolina rentals built before 1978.

South Carolina residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

Fill out and attach this lead-based paint disclosure form to the lease agreement
Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)

Download: South Carolina Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by South Carolina law in residential lease agreements, but help with tenant management and landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers.
Bed Bugs	Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Landlord’s Name and Address	Specifies the name and address of the landlord or authorized agent. Guarantees 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.
Late/Returned Check Fees	Specifies late fees or returned check fees related to the lease. South Carolina has no limit on late fees. Returned check fees have a $30 limit.
Medical Marijuana Use	Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure	Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability.
Move-In Checklist	Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable when the lease ends. For South Carolina landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements	Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking	Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

Sources

1 S.C. Code § 27-40-420: (a) A landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of an owner of the premises or a person authorized to act on behalf of the owner as agent, inter alia, for purposes of service of process and receiving or receipting notices or demands.

(b) The information required to be furnished by this section must be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.

(c) A person authorized to enter in a rental agreement on behalf of a landlord who fails to comply with subsection (a) with regard to a rental agreement entered into on behalf of the landlord becomes an agent of the landlord for purposes of that rental agreement for:

(1) service of process and receiving and receipting for notices and demands;

(2) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the performance of the obligations all rent collected from the premises and retained by the person on behalf of the landlord.
Source Link
2 S.C. Code § 27-40-410(c): If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant’s noncompliance with Section 27-40-510.
Source Link
3 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