South Carolina Residential Lease Agreement

Introduction

This guide provides comprehensive information about South Carolina residential lease agreements and landlord-tenant law. The information is based on the South Carolina Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 et seq.) and federal housing regulations. All statute citations are hyperlinked to official government sources for verification.

Required Disclosures

Lead-Based Paint Disclosure

For residential properties built before 1978, federal law requires landlords to provide tenants with specific information about lead-based paint hazards. ^[1] The landlord must:

• Provide an EPA-approved information pamphlet ("Protect Your Family From Lead In Your Home")***
• Disclose the presence of any known lead-based paint and/or lead-based paint hazards***
• Provide any available records or reports about lead-based paint in the property***
• Include a Lead Warning Statement in the lease agreement***
• Retain signed disclosure records for three years after the lease begins***

Property Owner Disclosure

South Carolina law requires landlords to disclose in writing the name and address of the property owner or a person authorized to act on behalf of the owner. ^[2] This disclosure must be provided at or before the beginning of the tenancy and must be kept current throughout the lease term. If a property manager fails to provide this disclosure, they automatically become an agent of the landlord with full responsibility for receiving notices, performing landlord obligations, and managing rent collected.

Security Deposit Calculation (multi-Unit Properties)

For properties with multiple units where security deposit amounts vary based on different calculation methods, landlords must post or provide written notice of the standards used to determine deposit amounts. ^[3]

Security Deposits

Maximum Amount

South Carolina law does not impose a maximum limit on security deposit amounts. ^[3] Landlords may charge any amount they deem appropriate, though market conditions and competition typically influence deposit amounts.

Storage Requirements

South Carolina law does not require landlords to hold security deposits in separate accounts or pay interest on deposits. ^[3] Landlords may commingle security deposits with their own funds.

Return Timeline and Itemization

Landlords must return security deposits within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. ^[3] If the landlord deducts any amount from the deposit, they must provide the tenant with an itemized list of deductions along with the amounts owed. Tenants must provide a forwarding address to receive their deposit return.

Penalties for Wrongful Withholding

If a landlord wrongfully withholds a security deposit, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney's fees. ^[3] This penalty provides strong incentive for landlords to comply with deposit return requirements.

Rent Payment Terms

Grace Period and Late Fees

South Carolina law does not establish a mandatory grace period for rent payments or set maximum late fee amounts. However, if rent is unpaid when due and the tenant fails to pay within five days from the date due, the landlord may terminate the rental agreement after providing written notice. ^[6] This effectively creates a five-day grace period before eviction proceedings can begin, though landlords may still assess late fees during this period if specified in the lease.

NSF (bounced Check) Fees

The maximum service charge for a dishonored check (insufficient funds) is $30. ^[4] This fee applies when a tenant's check is presented for payment and dishonored due to insufficient funds or lack of an account. The tenant must pay the amount due plus the $30 service charge within 10 days after receiving written notice.

Withholding Rent for Essential Services

When a landlord negligently or willfully fails to provide essential services (running water, reasonable heat/hot water, electricity, or gas), tenants may procure reasonable amounts of the required services and deduct their actual and reasonable cost from rent. ^[7] However, the statute explicitly prohibits tenants from making repairs themselves and deducting those costs. Tenants must first provide written notice to the landlord specifying the breach, and the landlord must fail to act within a reasonable time before deduction rights arise.

Landlord's Right to Enter

Notice Requirements

For general purposes, landlords must give tenants at least 24 hours' notice of their intent to enter and may only enter at reasonable times. ^[5] The specific entry rules vary based on the purpose:

***Emergency Access: ******Landlords may enter at any time without notice in case of emergency. ***^[5]

***Routine Services: ******Entry is permitted between 9:00 AM and 6:00 PM for regularly scheduled maintenance, provided this right is conspicuously stated in writing in the rental agreement. ***^[5]

***Tenant-Requested Services: ******Entry is allowed between 8:00 AM and 8:00 PM for services requested by the tenant. ***^[5]

Breaking a Lease

Nonpayment of Rent

If rent is unpaid when due and the tenant fails to pay within five days from the date due, the landlord may terminate the rental agreement by providing written notice. ^[6] The notice must specify the breach and state that the rental agreement will terminate if the breach is not remedied within the specified timeframe.

Military Service (Scra)

Active duty military members may terminate their lease early under the Servicemembers Civil Relief Act (SCRA) if they receive permanent change of station (PCS) orders or deployment orders for at least 90 days. ^[12] To terminate, the servicemember must provide written notice and a copy of military orders to the landlord. For month-to-month leases, termination becomes effective 30 days after the next rent payment is due following proper notice.

Landlord's Duty to Mitigate Damages

When a tenant breaks a lease, landlords have a legal duty to mitigate damages by making reasonable efforts to re-rent the property at a fair rental rate. ^[10] Landlords cannot simply hold the property vacant and collect rent from the departing tenant for the remainder of the lease term.

Liquidated Damages

Lease agreements may include bona fide liquidated damage provisions that establish the amount of damages for loss of rent resulting from premature termination. ^[10] These provisions must be reasonable and not punitive.

Illegal Lockouts

Landlords are prohibited from taking possession of the dwelling unit by action or otherwise, including willful diminution of essential services (such as interrupting utilities), except in cases of abandonment, surrender, termination, or as otherwise permitted by law. ^[11] Unlawful ouster entitles tenants to recover three months' rent or treble actual damages (whichever is greater) plus reasonable attorney's fees.

Lease Termination

Month-To-Month Tenancies

Either the landlord or tenant may terminate a month-to-month lease by providing written notice to the other party at least 30 days before the termination date specified in the notice. ^[8] For week-to-week leases, only seven days' notice is required.

Property Abandonment

Property is considered abandoned when there is an unexplained absence of a tenant from the dwelling unit for 15 days after default in payment of rent. ^[9] If utilities are voluntarily terminated by the tenant, abandonment is considered immediate. After abandonment, landlords may dispose of personal property valued under $500 but must follow proper legal procedures for higher-value items.