A South Carolina lease agreement sets the tone for the landlord/tenant relationship. From a Columbia condo to a Charleston bungalow, the right lease will help protect your property, clarify tenant expectations, and keep you in compliance with the law.
Disclosures (3)
South Carolina requires landlords to provide certain disclosures to their tenants before they move in. These details provide essential information to your tenants upfront, while also ensuring your lease remains compliant and enforceable.
- Lead-based paint: Federal law requires all landlords to disclose known information about lead-based paint and its hazards for most homes built before 1978.
- Landlord’s contact information: Landlords must include their contact information in their lease agreement. Additionally, if this information changes, the landlord must inform the tenant of the changes (SC Code § 27-40-420).
- Unequal deposits: If a landlord owns four or more adjacent units in the same building, they must collect the same security deposit from all of their tenants. If there is any difference in the deposits, landlords must post the discrepancies in a conspicuous location on the property (SC Code § 27-40-410).
Optional Disclosures and Addenda
State law does not require the following disclosures in a South Carolina lease agreement; however, including them can help clarify tenant expectations and limit your liability.
Asbestos: Informs tenants of any known asbestos in the unit, as well as its hazards and suggestions to minimize exposure and risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Outlines the fees for late or returned checks for rent payments. South Carolina law does not limit how much landlords 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: Details the policy regarding the use of medical marijuana in the rental unit, including any restrictions or limitations.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, including treatment options.
Move-in checklist: Details the condition of the property at move-in, including any existing damages or issues. Landlords use this list at move-out to compare conditions and determine whether to withhold any deductions from the security deposit.
Non-refundable fees: If landlords charge any non-refundable fees, they must be clearly outlined and agreed to in the lease.
Shared utilities: If any units share a utility meter, landlords must disclose how they will split the utility cost among tenants.
Smoking: Outlines the smoking policy in the rental, including any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Disclosures give tenants the information they need about the property and any health or safety issues to be aware of. For landlords, disclosures are a layer of protection against miscommunication or disputes. Leaving them out can lead to arguments, fines, or even legal trouble.
Security Deposit Regulations in South Carolina
South Carolina sets limits for landlords regarding security deposits. From how much you can collect to when you must return the funds, understanding the roles can help keep your South Carolina lease enforceable and compliant.
Maximum amount: South Carolina does not set a limit on what landlords can charge as a security deposit, but they must clearly outline the charge in the lease.
Deposit receipt: South Carolina landlords are not required to give tenants a receipt for their security deposit.
Security deposit return: Tenants must provide a forwarding address to their landlord to return their security deposit. If they fail to do this, they cannot claim damages if the landlord is unsure of their location and sends the deposit to their last known address (SC Code § 27-40-410).
Deductions: If a landlord withholds any amount from the security deposit, they must provide the tenant with an itemized statement outlining the deductions, along with the balance of the security deposit, within 30 days of the lease termination (SC Code § 27-40-410).
Rent Payment Regulations
Landlords must follow state laws regarding rent payments, including late fees, grace periods, and more. Follow these rules to stay compliant and keep your lease enforceable.
Rent control/stabilization: Rent control and rent stabilization do not exist in South Carolina.
Late rent fees: South Carolina does not limit the amount landlords can charge as a late fee.
Grace period: South Carolina law requires landlords to extend a 5-day grace period to tenants before terminating the lease agreement (SC Code § 27-40-710).
Tenant’s right to withhold rent: South Carolina tenants do not automatically have the right to withhold rent; however, they can pursue remedies to issues through appropriate legal channels (SC Code § 27-40-610).
Violations
When tenants violate their lease, South Carolina outlines steps landlords can take in response. Here’s what you need to get back on track quickly.
Lease violation: If a tenant violates their South Carolina lease agreement, the landlord can issue a 14-day Notice to Cure or Quit, allowing the tenant 14 days to remedy the violation (SC Code § 27-40-710).
Missed rent payment: If a tenant misses a rent payment, landlords can terminate the lease after the mandatory 5-day grace period, if they give proper notice (SC Code § 27-40-710).
Lease abandonment: If a tenant abandons their lease before the end of its term, they may still be financially responsible for the rent owed until the unit is re-rented (SC Code § 27-40-730).
Self-help evictions: South Carolina landlords should never attempt self-help evictions, as they are illegal in the state. Landlords should always conduct evictions through the proper legal channels.
Terminating a Lease
Whether the landlord or the tenant is ready to move on, South Carolina requires that they give proper notice. Here’s what you need to know about terminating a lease in the Palmetto State.
Standard lease: Tenants may legally terminate their lease early if they meet certain conditions, such as active duty military service, uninhabitable living conditions, or landlord harassment (The Servicemembers Civil Relief Act & SC Code § 27-40-610 & § 27-40-780).
Month-to-month: Either a landlord or a tenant can terminate a month-to-month rental agreement with at least 30 days’ written notice to the other party (SC Code § 27-40-770).
Property abandonment: In South Carolina, landlords may dispose of property valued at $500 or less without providing notice. However, if the property value is higher, they must follow the procedure but are not generally liable for disposal unless they are negligent (SC Code § 27-40-730).
Renewing a Lease
Renewals can be an opportunity to keep quality tenants in place and update your lease terms as needed. Set expectations early to help avoid confusion and ensure a smooth transition.
Notice requirements: South Carolina landlords must give at least 30 days’ notice before the end of the lease term if they plan to terminate a lease (SC Code § 27-40-770).
Renewals: Landlords are not required to renew a tenant’s lease in South Carolina.
Landlord’s Access to Property
South Carolina law balances your tenant’s right to privacy with your right to maintain your property. Giving adequate notice helps build trust and protect your investment.
Immediate access: South Carolina landlords are granted immediate access to a property in the event of an emergency (SC Code § 27-40-530).
Notice requirements: For routine maintenance and repairs, landlords must provide tenants with at least 24 hours’ notice before entering the unit, and may only enter at reasonable times (SC Code § 27-40-530).
