Free South Carolina Room Rental Agreement Template

A South Carolina room rental agreement is the written contract for renting one bedroom in a shared home. Deposits are governed by section 27-40-410 of the Code of Laws, within the Residential Landlord and Tenant Act.

South Carolina sets no statutory ceiling on the deposit itself. What it does instead is regulate fairness between tenants on the same premises, which is exactly the situation in a house let room by room.

The rule has two triggers, and both must be met. It applies where a landlord rents more than four adjoining dwelling units on the premises, and imposes different standards for calculating the deposits required of different tenants on those premises.

Where both are true, then before the rental agreement is entered into the landlord must do one of two things. Either post, in a conspicuous place on the premises or at the place where rent is paid, a statement clearly indicating the standards by which the deposits are calculated. Or provide each prospective tenant with a statement setting out those standards.

For a homeowner letting one or two spare rooms the threshold will not be met. For a larger operation running several units on one property and pricing deposits differently by room, it will. The point is that a tenant is entitled to know why their deposit is higher than the person’s down the hall.

The end of a South Carolina room rental agreement runs on a clock with three triggers and a sharp penalty.

Thirty Days, From the Last of Three Things

On termination, money held as security must be returned less amounts withheld for accrued rent and for damages the landlord has suffered by reason of the tenant’s noncompliance with the statutory tenant obligations. Any deduction must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later.

The Forwarding Address

The tenant must provide the landlord in writing with a forwarding address or new address to which the written notice and amount due may be sent. A tenant who fails to do so is not entitled to damages under that subsection, provided the landlord both had no notice of the tenant’s whereabouts and mailed the written notice and any amount due to the tenant’s last known address.

Three Times the Amount

Where the landlord fails to return the prepaid rent or deposit with the required notice, the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld, plus reasonable attorney’s fees.

Tip: Because the clock runs from the last of termination, delivery of possession and the tenant’s demand, a tenant who never demands has not started it. Figures are statutory and can change, so confirm the current text before relying on one.

For a South Carolina room rental agreement, the terms worth adding are:

• The deposit amount, and how it was arrived at if housemates pay different sums
• Where the tenant sends the written demand and forwarding address
• What condition the room and shared areas should be left in
• Which areas are shared, and the rules for using them
• How utilities are divided between the people living there