The South Carolina sublease agreement is a binding legal contract wherein an initial tenant (“sublessor”) rents (“sublets”) rental property to a new tenant (“sublessee”) in exchange for regular, recurring payments. The initial tenant must have approval from the landlord in order to begin the subletting process.
A sublease agreement takes a typical lease that is between two parties and adds a third party to the terms of it. This document will effectively be transferring the responsibilities of renting the unit to the added third party. This can be a great tool to use when the tenant needs to be away for a semester because they are planning on going home during that time. It also is an excellent option for a tenant that wants to travel but does not wish to break the terms of their lease.
Subletting Laws in South Carolina
In the state of South Carolina, there are no specific subletting laws that the residents who live in the state must follow. So, unless the landlord has said explicitly that subletting the unit is not permitted in the original rental agreement, they will have to accept any sublease agreement that the tenant creates. The landlord will most likely want to give their consent for the tenant that is selected for the unit, but just like with the original tenant, discrimination cannot be used to choose the new tenant. Ideally, the tenant should ask the landlord in writing to accept the agreement as well.
What to Include in a South Carolina Sublease Agreement
- The date of the agreement as well as whether the agreement is for a short period of time or until the end of the lease.
- The names of the sublessor and the sublessee. Their full names must be included.
- The terms of the original lease. Make sure to include a copy of this document.
- The parking, smoking, and pet rules for the property should be included as well as any other terms that the sublessee needs to know.
- How the rent and the utilities will be paid. Will the sublessee need to pay bills that are still in the original tenant’s name?
- The signature of both the sublessee and the sublessor.
- The signature of the landlord to provide their consent for the agreement.