South Carolina Lease Agreement Template

A South Carolina lease agreement is a written contract between a landlord and a tenant that sets the terms for renting a residential property in South Carolina. It usually includes:

• Names and contact information for the landlord and tenant.
• The rental property address and description.
• The lease term and renewal rules.
• Rent amount, due date, late fees, and grace period.
• Security deposit details and return timeline.
• Maintenance, repairs, and entry rules.

Using a written South Carolina lease agreement helps prevent misunderstandings and ensures both sides understand their rights under the South Carolina Residential Landlord and Tenant Act (SC Code § 27-40-10 et seq.).

Here are key landlord-tenant rules to keep in mind when creating a South Carolina lease agreement:

• Rent control: South Carolina law blocks local governments from adopting residential rent control, so there is no statewide cap on rent or rent increases (SC Code § 27-39-60).
• Good-faith requirement: Landlords and tenants must act in good faith when performing or enforcing lease obligations (SC Code § 27-40-220).
• Grace period for rent: If rent is not paid when due, tenants generally have five days to catch up before the landlord can start eviction for nonpayment, unless the lease clearly says otherwise and provides the required notice language (SC Code § 27-40-710(B)).
• Landlord license: South Carolina does not require a state-level rental license, but local business license rules may apply.
• Rental applications: Many landlords use rental applications and background checks before offering a South Carolina lease agreement.

Document Genius’s guided form helps you build a South Carolina lease agreement that reflects these rules in simple language.

South Carolina and federal law require landlords to share certain information with tenants before or at the time they sign the lease. Common disclosures include:

• Lead-based paint disclosure: For most residential properties built before 1978, federal law requires a lead-based paint disclosure and an EPA information pamphlet, as set out in 42 U.S.C. § 4852d.
• Owner or agent identification: Landlords must disclose in writing the name and address of the property owner or any authorized agent who can receive notices and service of process (SC Code § 27-40-420).
• Unequal deposits policy: If a landlord owns more than four adjoining residential units and charges different security deposit amounts for similar units, they must outline how they calculate those deposits in the lease or post this information clearly at the rental office (§ 27-40-410(c)).
• Abandoned personal property notice: South Carolina law explains when a landlord may treat tenant belongings as abandoned and, in some cases, allows disposal of low-value items after specific conditions are met (SC Code § 27-40-730).
• Security deposit mailing address: Tenants must give the landlord a forwarding address in writing so the landlord can return the security deposit at the end of the tenancy (SC Code § 27-40-410(a)).

Including these disclosures in your South Carolina lease agreement keeps expectations clear and helps you stay compliant.

South Carolina gives landlords flexibility with security deposits but adds rules for how they must be handled at move-out.

• Maximum amount: State law does not set a specific dollar cap on residential security deposits (SC Code § 27-40-410).
• Separate account and interest: Landlords do not have to place deposits in a separate bank account or pay interest to tenants unless a local rule or separate agreement requires it.
• Return deadline: After the lease ends and the tenant moves out, the landlord must return the security deposit, minus any lawful deductions, within 30 days (SC Code § 27-40-410(a)).
• Allowable deductions: Landlords may deduct unpaid rent, unpaid utilities that the tenant should have paid, and the reasonable cost of repairing damage caused by the tenant beyond normal wear and tear. They must provide an itemized written statement listing any deductions (SC Code § 27-40-410(a)).
• Unequal deposits disclosure: If more than four adjoining units are owned and deposits vary, the landlord must disclose how they determine those deposit amounts (SC Code § 27-40-410(c)).

Your South Carolina lease agreement should clearly state the deposit amount, what it covers, and when and how it will be returned.

South Carolina law addresses when rent is due, how rent control is handled, and what happens if tenants fall behind.

• Rent due date: If the lease does not say otherwise, rent is due at the beginning of each month (SC Code § 27-40-310).
• Rent control: The state does not cap residential rent or rent increases, and local governments may not adopt rent control ordinances (SC Code § 27-39-60).
• Good-faith rent increases: Even though there is no rent cap, landlords must act in good faith when increasing rent and should give tenants reasonable notice (SC Code § 27-40-220).
• Late fees and grace period: State law does not set a specific dollar limit on late fees, but they should be reasonable and listed in the lease. Tenants generally have five days after the due date to pay before nonpayment eviction can begin, unless the lease clearly removes that grace period in the way the statute allows (SC Code § 27-40-710(B)).
• Withholding or deducting rent: If a landlord fails to provide essential services (such as heat, water, or electricity) or does not meet important repair obligations, tenants may be allowed to obtain services themselves and deduct the reasonable cost from rent, after giving proper notice and following the steps in SC Code § 27-40-630.

When you build a South Carolina lease agreement, make sure it clearly explains due dates, payment methods, late fees, grace periods, and any rent increase process.

South Carolina law limits when and how landlords can enter an occupied rental unit.

• Notice requirement: For most situations, landlords must give tenants at least 24 hours’ advance notice before entering and may only enter at reasonable times of day, generally considered to be between 9:00 AM and 6:00 PM (SC Code § 27-40-530(a)).
• Emergencies: No prior notice is required if the landlord needs to enter quickly to handle an emergency, such as a serious leak, fire, or suspected gas issue (SC Code § 27-40-530(c)).
• Locks and keys: Tenants must get the landlord’s permission before changing locks and must provide keys for any new locks so the landlord can access the unit when legally allowed (SC Code § 27-40-530(e)).

Your South Carolina lease agreement should explain how you will give notice, when you might need access, and how lock changes are handled.

Landlord Responsibilities

• Habitability: Landlords must keep the property in a safe, habitable condition and comply with building and housing codes that affect health and safety (SC Code § 27-40-440).
• Common areas and services: Landlords must maintain common areas in reasonably safe condition and ensure the availability of running water, hot water, and heat where required.
• Repairs: After tenants report important repair issues, landlords must make timely repairs. If they do not, tenants may have remedies such as terminating the lease or pursuing damages under the landlord-tenant act. In South Carolina, tenants are not permitted to make repairs themselves as the state imposes the repair duty solely on landlords.

Tenant Responsibilities

• Everyday upkeep: Tenants must keep their rental unit reasonably safe and clean, dispose of trash properly, and use plumbing and other systems correctly (SC Code § 27-40-510).
• Preventing damage: Tenants must avoid damaging the property and must ensure their household members and guests do the same.
• Reporting problems: Tenants should promptly notify the landlord about serious issues affecting health, safety, or essential services so that repairs can be arranged.

Abandonment and Tenant Property

• Presumed abandonment: If a tenant stops paying rent, appears to have left, and certain conditions are met—such as shutting off utilities—the landlord may treat the unit as abandoned under SC Code § 27-40-730.
• Personal property after eviction: When a tenant is lawfully evicte,d and personal property is left on public property, local officials usually must remove it within a set time. If local trash service does not cover the area, the landlord may dispose of personal property after 48 hours following normal city or county procedures (SC Code § 27-40-710(D)).

Your South Carolina lease agreement can outline how you will handle belongings left behind after move-out or eviction so tenants understand what to expect.

How to end a South Carolina lease agreement depends on the type of tenancy and the reason for ending it.

• Fixed-term leases: These usually end on the date listed in the lease. If everyone wants to continue, you can sign a renewal or a new agreement with updated terms.
• Month-to-month tenancies: To end a month-to-month tenancy, either party generally must give at least 30 days’ written notice before the next rental period, as outlined in SC Code § 27-40-770.
• Nonpayment and other breaches: If tenants do not pay rent and fail to catch up within the grace period, landlords may serve a 5-day notice to quit for nonpayment and, if unpaid, file an eviction case under SC Code § 27-40-710(B). Other major lease violations may require different forms of notice.
• Unclaimed property: If tenants leave personal items behind after an eviction, South Carolina law allows local officials or landlords to remove and dispose of those items following specific timelines and local procedures (SC Code § 27-40-710(D)).

In your South Carolina lease agreement, clearly explain how much notice is required to end the lease, how notice should be delivered, and what happens if a tenant leaves early or leaves property behind.