A South Carolina sublease agreement sets the ground rules when a tenant rents part or all of a unit to another party while the original lease stays active. This contract helps property owners ensure a clear transition between tenants, hold the new occupant accountable for every lease term, and maintain a lawful rental setup.
Does a tenant need a landlord’s permission to sublease in South Carolina?
A tenant generally needs the landlord’s approval before setting up a South Carolina sublease because state law does not grant automatic subletting rights. Landlords should define clear sublease rules in the original lease rather than leaving the issue ambiguous.
Landlords protect their interests by addressing subleasing in their South Carolina lease agreement. To cover subleasing in future leases, property owners should consider using a legally reviewed lease agreement builder to draft the contract.
Information to Include in a South Carolina Sublease
Landlords should treat a sublease with the same attention they give to the original lease, because both documents govern the rental relationship and protect everyone involved. Below is the key information landlords should include within a South Carolina sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor to clearly identify who manages the unit and who transfers occupancy to the subtenant.
Rental unit address: List the complete property address so every party knows the exact location covered under the sublease.
Length of the sublease agreement: Note the exact start and end dates to confirm how long the subtenant may occupy the unit.
Rent amount: Record the monthly rent the subtenant must pay, and outline any expectations regarding payment timing or late fees.
Division of utilities: Specify which utilities the subtenant must cover and point to any shared costs explained in the landlord-tenant utility agreement.
Security deposit information: Describe the amount collected from the subtenant and ensure the process aligns with security deposit laws in South Carolina.
Maintenance protocols: Explain how the subtenant should report repair needs and note whether the sublessor or landlord handles each type of issue, following the guidance in rental property maintenance.
Property policies: Revisit the property rules from the primary lease so the subtenant follows the exact expectations for noise, guests, and overall upkeep.
Early termination terms: Set out the conditions under which a subtenant may end the sublease early and include any notice requirements or added costs tied to early departure.
Landlord’s right to entry: Clarify when the landlord may enter the rental property and restate the notice rules that apply during the sublease period.
Renter’s insurance: Note whether the subtenant must carry insurance and outline the minimum coverage needed to protect the property and their belongings.
Landlord’s consent to sublease: Confirm that the landlord granted approval for the sublease and document this consent clearly within the agreement.
Subtenant’s obligation to comply with the master lease: Make clear that the subtenant must follow every rule in the master lease so the rental remains aligned with the original agreement.
Move-in condition checklist: Provide a detailed checklist or a move-in condition report to document the unit’s condition at the start of the sublease.
Emergency contact information: Share reliable contact details for the landlord and sublessor so the subtenant knows whom to contact in the event of an urgent issue.
Guest policy: Outline the guest rules carried over from the master lease to maintain consistent expectations for visits and overnight stays.
Copy of the master lease: Attach the full master lease so the subtenant understands every term they must comply with throughout the sublease.
Signatures: Have the landlord, sublessor, and subtenant sign the agreement or e-sign it to expedite the leasing process.
Additional attachments: Include any supporting forms or disclosures for the sublease, such as pet rules, parking regulations, or inspection protocols.
Taxes Implications for Short-Term Subleases
Short-term subleases in South Carolina may trigger the state accommodations tax when a rental lasts fewer than 90 continuous days. The state charges a 7 percent accommodations tax on the total lodging amount, and many counties and cities add their own local lodging taxes. Subtenants usually see these charges included in the overall cost (SC Code Section 12-36-920).
Landlords should review the short-term lodging taxes in their own city or county because local rules and rates vary across South Carolina.
For example, taxes for a property within Charleston County in Charleston may include:
- South Carolina State Sales Tax – 5%
- South Carolina State Accommodations Tax – 2%
- Local Option Sales Tax – 1%
- County Transportation Tax – 1%
- School District/Education Tax – 1%
- Charleston County Accommodations Tax – 2%
- City of Charleston Accommodations Tax – 2%
