Ask any top house hacker, and they’ll tell you that you need a room rental agreement in South Carolina, no question. You may be interested in generating income to cover the mortgage or helping out a friend who needs a place to stay. In any case, a South Carolina lease agreement is non-negotiable.
When you create a contract for your room rental, you’re protecting your interests and preventing issues. A written lease can help you avoid miscommunications over rent, responsibilities in the home, and expectations. When you pair your lease with free property management software, you set yourself up for success.
Here’s a guide to creating a thorough South Carolina room rental agreement. In this article, we’ll discuss the laws you need to know and best practices for setting up your contract.
Room Rental Laws
Every landlord must comply with federal and state regulations, such as:
- Notifying tenants before entering their room.
- Avoiding all forms of landlord harassment.
- Making all mandatory disclosures.
- Maintaining safe, livable housing.
In summary, landlord-tenant laws in South Carolina govern many aspects of your room rental agreement. We’ll cover each law in detail, but first, let’s review contract types.
Different Types of Room Rental Agreements in South Carolina
Landlords can use the following lease types for their South Carolina room rental agreement:
- Verbal agreement: These contracts rely on word of mouth, which weakens your leverage if disputes arise.
- Fixed-term lease: Written, fixed-term leases establish a start and end date for added clarity.
- Month-to-month lease: “Tenancy at will” leases offer flexibility because they automatically renew, and both parties can terminate them as needed.
Consider the tenancy’s length, your relationship to the tenant, and whether you need stability or flexibility.
Required Landlord Disclosures
Some states require many mandatory disclosures in the lease agreement. However, South Carolina only mandates the following three:
- Lead-based paint: Federal law requires you to inform tenants about the presence of all lead-based paint hazards when leasing properties constructed before 1978 (42 U.S.C. § 4852d).
- Landlord contact details: Include the landlord’s or property manager’s name and address in the lease agreement (S.C. Code § 27-40-420).
- Security deposits: If you rent out four or more adjacent units in the same building, you must charge the same security deposit for each unit. If you charge different amounts, state law requires you to explain the difference by including it in the lease or posting a notice on the property (S.C. Code § 27-40-410).
Additionally, keep the following South Carolina room rental agreement laws in mind:
Security Deposit Rules
Maximum security deposit: South Carolina law doesn’t limit security deposits.
Security deposit receipt: State law doesn’t require landlords to issue receipts, but it’s best practice to provide them.
Deduction tracking: Provide tenants with a written list of all security deposit deductions (S.C. Code § 27-40-410).
Security deposit return: Send the security deposit and deduction list to the tenant’s forwarding address within 30 days of the lease ending (S.C. Code § 27-40-410).
Pet deposits: State law doesn’t prohibit pet deposits. You can charge a reasonable pet deposit in South Carolina if you outline the details in your lease agreement.
Rent Payment Rules
Late rent fees: Landlords may charge reasonable late fees if they are outlined in their lease agreement (S.C. Code § 27-40-210).
Right to withhold rent: Tenants can deduct the actual cost of essential utilities, such as water or heat, when landlords don’t provide them. However, tenants must give landlords written notice and follow the state’s legal process (S.C. Code § 27-40-630).
Grace period: South Carolina doesn’t require landlords to wait a grace period before applying late payment penalties.
Pet rent: State law doesn’t cover pet rent. However, federal law prohibits landlords from charging pet fees for Emotional Support Animals (ESAs) or service animals (42 U.S.C. § 3601 et seq.).
Rent Payment Increase Rules
Rent payment increase frequency: Landlords can raise rent at the end of the lease if they give tenants proper notice.
Rent payment increase maximum: State law doesn’t govern the maximum rent increase landlords can charge.
Rent control/stabilization: South Carolina law prohibits local rent regulation for residential property owned by individual landlords, including room rentals (S.C. Code § 27-39-60).
Room Rental Agreement Breaches
Failure to pay: Landlords can evict tenants who don’t pay their rent. However, they must follow the court’s procedural rules, including the 5-Day Notice to Pay or Quit (S.C. Code § 27-40-710).
Lease violations: Landlords must give tenants a 14-Day Notice to Cure or Vacate before proceeding with eviction (S.C. Code § 27-40-710).
Self-help evictions: Landlords can’t force tenants out or take possession of the room without a court order (S.C. Code § 27-40-760).
Terminating a Room Rental Agreement in South Carolina
Month-to-month: Both parties can end a month-to-month room rental agreement in South Carolina by giving at least 30 days’ written notice (S.C. Code § 27-40-770).
Fixed-term: If a landlord or tenant breaks a fixed-term lease early without a legal reason to do so, they could face penalties (S.C. Code § 27-35-110).
Room abandonment: Landlords must take reasonable actions to mitigate losses by re-renting the room (S.C. Code § 27-40-730).
Tenant’s right to terminate: Tenants can end a lease without penalty if the landlord fails to allow them to rent the room as agreed, or if the landlord attempts a self-help eviction (S.C. Code § 27-40-620, 660).
Landlord Access Laws
Immediate access: Landlords can only enter a tenant’s room without their prior consent in emergencies, such as fires or floods (S.C. Code § 27-40-530).
Landlord harassment: You can’t make entry threats, go into a tenant’s room without permission, or harass tenants in any way (S.C. Code § 27-40-780).
Advance notice: South Carolina law mandates 24 hours’ advance notice before a landlord can enter a room rental (S.C. Code § 27-40-530).
Lease Agreement Renewal and Termination
Required renewals: When your lease includes an end date, you’re not required to continue a fixed-term tenancy after it ends (S.C. Code § 27-35-110).
Required notice: Landlords and tenants are required to give at least 30 days’ written notice to end month-to-month agreements. If your lease renews weekly, both parties must give 7 days’ notice (S.C. Code § 27-40-770).
Month-to-month considerations: South Carolina law automatically converts a fixed-term lease to a month-to-month agreement upon termination, and the tenant remains in the room without a new contract (S.C. Code § 27-40-770).
Follow these laws by leveraging simple, user-friendly property management software. It’s the best way to save time, eliminate busywork, and stay organized.
Room Rental Agreement South Carolina FAQs
What to include in a South Carolina room rental agreement?
Don’t forget to include the following elements in your room rental agreement:
- South Carolina mandatory disclosures
- Rent and security deposit details
- House rules/responsibilities
How do I legally rent out a room?
Set clear rules and expectations with a complete, detailed room rental agreement for South Carolina.
How to make a South Carolina room rental agreement?
Download the free, printable PDF template at the top of this article.
