South Carolina Standard Residential Lease Agreement

Introduction

A South Carolina residential lease agreement is a legally binding contract between a landlord (lessor) and tenant (lessee) that establishes the terms and conditions for renting a residential property. This comprehensive guide covers the key legal requirements, rights, and obligations under the South Carolina Residential Landlord and Tenant Act. ^[1]

The South Carolina Residential Landlord and Tenant Act governs most residential rental relationships in the state. The Act's purposes are to simplify, clarify, modernize, and revise the law governing rental of dwelling units and to encourage landlords and tenants to maintain and improve the quality of housing. ^[1]

Required Disclosures

South Carolina law requires landlords to make certain disclosures to tenants before or at the commencement of a tenancy. Failure to provide required disclosures may affect the enforceability of lease provisions and create liability for landlords.

Lead-Based Paint Disclosure (federal Requirement)

For residential properties built before 1978, federal law requires landlords to disclose known lead-based paint hazards before a tenant signs a lease. ^{[4] [5]} The landlord must:

Provide the EPA-approved pamphlet "Protect Your Family From Lead In Your Home"

Disclose the presence of any known lead-based paint or lead-based paint hazards

Provide all available records and reports regarding lead-based paint in the property

Include a Lead Warning Statement in the lease agreement

Retain signed disclosure records for three years

Exemptions: Leases of 100 days or less, housing for elderly or persons with disabilities (unless children under 6 may reside), and certified lead-free housing are exempt. ^[17]

Property Owner/agent Disclosure

A landlord or any person authorized to enter into a rental agreement on their behalf must disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of an owner of the premises or a person authorized to act on behalf of the owner as agent. ^[3]

This information must be kept current throughout the tenancy. If the landlord fails to provide this disclosure, the person collecting rent or managing the property is deemed an agent of the landlord for purposes of service of process, receiving notices, and performing lease obligations. ^[3]

Security Deposit Standards Disclosure (multi-Unit Properties)

If a landlord rents more than four adjoining dwelling units and uses different standards for calculating security deposits for different tenants, the landlord must disclose these standards to prospective tenants. ^[2] The disclosure must explain the methodology used to determine deposit amounts.

Security Deposits

Maximum Amount

South Carolina law does not impose a statutory limit on security deposit amounts. ^[2] Landlords may charge any amount they deem appropriate, though market conditions typically influence deposit amounts. Common practice is one to two months' rent.

Return Timeline

Upon termination of the tenancy, the landlord must return the security deposit, minus any lawful deductions, within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. ^[2] The tenant must provide a forwarding address to receive the deposit return.

Itemization Requirement

Any deduction from the security deposit must be itemized by the landlord in a written notice to the tenant, along with the amount due, within the 30-day return period. ^[2] Deductions may only be made for accrued rent and damages resulting from the tenant's noncompliance with their obligations under the Act.

Penalties for Wrongful Withholding

If the landlord fails to return the security deposit with the required itemized notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney's fees. ^[2] This significant penalty encourages landlord compliance with deposit return requirements.

Rent Payment and Late Fees

Grace Period

South Carolina law does not require landlords to provide a grace period for rent payments. ^[9] Landlords may charge late fees immediately upon nonpayment, subject to lease terms. However, eviction proceedings cannot begin until the tenant has failed to pay within five days from the due date after receiving written notice. ^[9]

Late Fees

South Carolina does not set a statutory limit on late fees. Landlords may establish late fee amounts in the lease agreement, though any fees must be reasonable and clearly stated. Courts may refuse to enforce fees deemed excessive or unconscionable.

Landlord Obligations

Under the South Carolina Residential Landlord and Tenant Act, landlords have specific maintenance and habitability obligations. ^[6]

A landlord must:

Comply with requirements of applicable building and housing codes materially affecting health and safety

Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition

Keep all common areas in a reasonably safe condition (for properties with more than four units, also reasonably clean)

Provide running water and reasonable amounts of hot water at all times

Provide reasonable heat (except where not required by law or tenant controls)

Maintain in good working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning systems, and other facilities and appliances supplied by the landlord

Tenant Obligations

Tenants also have legal obligations under South Carolina law. ^[7]

A tenant must:

Comply with applicable building and housing codes materially affecting health and safety

Keep the dwelling unit and premises reasonably safe and clean

Dispose of garbage, rubbish, and waste in a clean and safe manner

Keep plumbing fixtures reasonably clean

Use electrical, plumbing, heating, air conditioning, and other facilities reasonably

Not deliberately or negligently destroy, deface, damage, or remove any part of the premises

Conduct themselves and ensure guests conduct themselves in a manner that does not disturb other tenants' peaceful enjoyment

Remedies: If a tenant violates these obligations in a way that materially affects health and safety, the landlord may provide written notice requiring remedy within 14 days. ^[9]

Landlord Access to Property

South Carolina law regulates when and how landlords may enter rented premises. ^[8]

24-Hour Notice Requirement

A landlord must give at least 24 hours' notice of intent to enter and may enter only at reasonable times. The landlord shall not abuse the right of access or use it to harass the tenant. ^[8]

Exceptions to Notice Requirement

Emergency: Entry at any time without notice

Regularly scheduled services: Entry between 9:00 AM and 6:00 PM if stated in the rental agreement

Tenant-requested services: Entry between 8:00 AM and 8:00 PM

Tenant's duty: Tenants shall not unreasonably withhold consent for landlord entry to inspect premises, make repairs, supply services, or show the dwelling to prospective tenants or purchasers. ^[8]

Eviction Procedures

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. The landlord must first provide written notice of nonpayment and intention to terminate. ^[9]

Lease Violations (14-Day Notice)

For lease violations other than nonpayment, the landlord must provide written notice giving the tenant 14 days to cure the violation. If the violation is not cured within this period, the landlord may proceed with eviction. ^[9]

Court Process

After proper notice, the landlord files a Rule to Show Cause with the magistrate court. The tenant has 10 days to respond. If the court rules for the landlord, a Writ of Ejectment is issued. The tenant must vacate within 24 hours of receiving the writ, or law enforcement will conduct a physical removal. ^[9]

Lease Termination and Periodic Tenancies

Month-To-Month Tenancy

Either party may terminate a month-to-month tenancy by providing at least 30 days' written notice before the termination date. ^[10]

Week-To-Week Tenancy

Either party may terminate a week-to-week tenancy by providing at least 7 days' written notice. ^[10]

Military Personnel (Scra)

Active duty military members may terminate a residential lease early under the Servicemembers Civil Relief Act (SCRA) upon receiving permanent change of station (PCS) orders or deployment orders for at least 90 days. The servicemember must provide written notice and a copy of military orders. ^[16]

Subletting and Assignment

Tenants must obtain explicit written permission from the landlord before subletting

A sublease without consent is not valid against the landlord

Any rent collected by a tenant from a subtenant is held in trust for the landlord until the landlord's rent claim is satisfied

Unauthorized subletting may be grounds for eviction under the lease

Abandoned Property

When a tenant abandons the dwelling unit, the landlord must make reasonable efforts to re-rent at a fair rental value. ^[13]

Abandoned personal property:

Value $500 or less: The landlord may dispose of the property after the tenant has removed a substantial portion of belongings or voluntarily terminated utilities. ^[13]

Value over $500: The landlord must follow statutory removal procedures under S.C. Code Ann. Sections 27-37-10 to 27-37-150.

Retaliation Prohibited

South Carolina law prohibits landlords from retaliating against tenants who exercise their legal rights. ^[11] A landlord may not retaliate by increasing rent above fair market value, decreasing essential services, or bringing an eviction action after:

The tenant has complained to a governmental agency about building or housing code violations materially affecting health and safety

The tenant has complained to the landlord about violations of the Landlord and Tenant Act

Penalties: A landlord who retaliates is liable for damages up to three months' rent or treble actual damages (whichever is greater), plus reasonable attorney's fees. ^[11]

Fair Housing Requirements

Both federal and South Carolina law prohibit housing discrimination. The South Carolina Fair Housing Law prohibits discrimination in the sale, rental, and financing of housing based on: ^{[14] [15]}

Race

Color

Religion

Sex

National origin

Physical or mental disability

Familial status (families with children)

Complaints of housing discrimination may be filed with the South Carolina Human Affairs Commission or the U.S. Department of Housing and Urban Development (HUD). ^[18]