Start a comprehensive and legally binding South Carolina lease agreement to rent real estate you own to one or more tenants. Get guidance on each step and expert tips with the help of our contract maker.
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Table of Contents:An SC lease agreement is a legally binding contract between a landlord and a tenant. This is written to conform to state laws where the property is located. In South Carolina these allow both parties to comply with a series of set terms for a specified number of months or years.
Rental contracts and lease agreements have a lot of similarities as they both set out payment plans and the terms of use for a house or apartment. However, the big difference is the duration that they cover. Rental agreements usually only cover short-term tenancies of a few months at a time or month-to-month contracts.
A lease agreement should contain the following details:
There are many types of South Carolina lease agreement forms that can be used to manage and legally bind many different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.
The most common types of lease agreements in South Carolina include:
South Carolina lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property or details about how the property is managed that they must be aware of.
These essential addendums include the following:
An SC lease agreement must be written and signed within the laws of South Carolina state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.
The most important laws to consider when you are renting a property in South Carolina include:
Before beginning the process of creating a residential lease agreement in South Carolina it is sensible to review an example document first. Use our South Carolina lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.
Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you:
It is important to carefully prepare a South Carolina lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in South Carolina.
There is a key difference between a South Carolina lease agreementand a/an South Carolina rental agreement, which is the length of duration that they each cover.
Lease agreements are normally longer-term arrangements that can last several months or even years, in which their terms remain fixed. Rental agreements on the other hand are shorter-term in nature but are more flexible and may be changed on a weekly or monthly basis.
If either the landlord or tenant for any reason needs to terminate a South Carolina lease agreement early, they must provide the correct amount of notice in a written SC lease termination letter.
This letter needs to contain the following information:
Yes, a South Carolina residential lease agreement can be negotiated before it is signed. The landlord and tenant will usually discuss the terms before the agreement is put into action. However, once a lease agreement is signed it cannot be altered until it comes to its natural end or is canceled.
You are only a few steps away from your own South Carolina Residential Lease Agreement !
Download our professional examplesThis Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:
_________
(hereinafter, the "Tenant(s)").
The Landlord and the Tenant(s) agree as follows:
1. PROPERTY
A. The Landlord is the owner of certain real property and improvements described as a house located at _________, _________, South Carolina _________ (hereinafter, the "Property").
B. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the Property according to the terms and conditions described in this Lease Agreement.
C. Unless otherwise indicated in the Lease Agreement, no other portion of the building (hereinafter, the “Building”) is included in the Lease.
D. Unless otherwise indicated in the Lease Agreement, the Property is for the sole use as a personal residence by the person(s) named above only.
2. TERM
The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date", and shall continue from that date as a month-to-month tenancy.
Either party may terminate the tenancy by giving written notice of intention to terminate the tenancy at least 30 days prior to the intended termination date.
Such notices may be given on any date.
The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:
| (i) | The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement. |
| (ii) | Mandated by local rent control law. |
| (iii) | The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate. |
3. MANAGEMENT
The Tenant(s) is hereby notified that the Owner or Landlord _________ is the Property Manager in charge of repairs or maintenance of the Property.
If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:
Address: _________4. RENT
The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease. The full month's rent is due and payable not later than the 1st day of each month. If that day falls on a legal holiday, the Rent is due on the next business day.
Place of Payment:
The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the following address:
The Landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.
Method of Payment:
The Tenant(s) shall pay Rent by any of the following forms of payment:
5. OCCUPANTS
During the term of this Lease Agreement, the only individuals permitted to reside on the Property are the following:
The Tenant(s) may not allow any guest to stay on the Property longer than _________ consecutive days or _________ days in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances.
The amount of time the Tenant(s)'s guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ consecutive days or _________ days in a calendar year, without Landlord's written permission, whichever is less.
6. PETS / STRAYS
No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.
Any animal discovered on or around the Property will be considered a stray. Strays shall not be kept or fed in or about the Property. All strays will be reported to the proper authorities and removed at the Tenant(s)'s expense.
7. SMOKING
Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors or outdoors. This policy applies to all tenants or guests. This restriction includes the use of e-cigarettes and vaping.
If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the Property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.
8. REPAIRS
All requests for repairs must be in writing and delivered to the Landlord. The Tenant(s) may call the Landlord only if an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant occurs.
The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at the Landlord's sole discretion.
If in an emergency, it shall become necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse Landlord for the cost of making such repairs.
9. UTILITIES AND SERVICES
The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
10. DEFAULTS
If the Tenant(s) fails to comply with any of the material provisions of this Lease Agreement or with any duties imposed on the Tenant(s) by statute or state laws, the Landlord may allow remedying the default by sending a fourteen (14) days written notice informing the Tenant(s) of such default.
Under the South Carolina Code of Laws section 27-40-710(A)(2), if the Tenant(s) does not commence to remedy the default within fourteen (14) days, the Landlord may terminate the Tenant(s)'s right to use and to occupy the Property.
Under the South Carolina Code of Laws section 27-40-710(B), if the Tenant(s) fails to pay rent when due, after delivery of a five (5) days written notice by the Landlord for payment of the rent or possession of the Property, the Landlord may terminate the Lease Agreement. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
11. HAZARDOUS MATERIALS
The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
12. DAMAGE TO PROPERTY
If the Property is destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualties not caused by the negligence of the Tenant(s), the Tenant(s)' family, guests, agent, or visitors, this Lease Agreement shall terminate from such time, except to enforce rights that may have then accrued hereunder.
If this Lease Agreement is terminated, the Landlord shall return the Security Deposit under Section 27-40-410 and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. The Landlord may withhold the Tenant(s)'s Security Deposit or prepaid rent if the fire or casualty was due to the Tenant(s)'s negligence or otherwise caused by the Tenant(s). However, if the Landlord withholds a Security Deposit or prepaid rent, such Landlord must comply with the notice requirement in Section 27-40-410(a).
13. LANDLORD ACCESS TO PROPERTY
The Tenant shall not unreasonably withhold consent to the Landlord to enter into the dwelling unit to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective purchasers, mortgagees, tenants, workmen, or contractors.
Under the South Carolina Code of Laws section 27-40-530, the Landlord or his agent may enter the dwelling unit without the consent of the Tenant(s):
(i) At any time in case of emergency.
(ii) Between the hours of 9:00 a.m. and 6:00 p.m. to provide regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like.
(iii) Between the hours of 8:00 a.m. and 8:00 p.m. to provide services requested by the Tenant(s) and that before entering, the Landlord announces its intent to enter to perform services.
(iv) The Landlord shall not abuse the right of access or use it to harass the Tenant(s). Except in case of emergency, the Landlord shall give the Tenant(s) at least twenty-four (24) hours' notice of its intent to enter and may enter only at reasonable times.
14. ASSIGNMENT/SUBLETTING
The Tenant(s) shall not, without the prior written consent of Landlord, which may be withheld at the Landlord's sole discretion, voluntarily or involuntarily assign, this Lease Agreement or any interest herein or sublet the Property or any part thereof.
The Tenant(s) is specifically prohibited from offering all or part of the Property for short-term rentals such as through Airbnb VRBO, or other such sites or programs. Any advertising or online postings, as well as actual rentals of the Property to vacation or short-term guests, shall constitute a material breach of this Lease Agreement.
Any person who is not the Tenant(s) who occupies any portion of the Property, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment which is a substantial and material breach of this Lease Agreement.
15. NOTICES
Notices under this Lease Agreement will be given under South Carolina Code of Laws section 27-40-240. All other notices shall be sufficient if made as follows:
1) All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until the Tenant(s) is notified, in writing, to the contrary.
2) All notices to the Tenant(s) shall be directed by personal delivery or first-class mail to the Tenant(s) at the Leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.
Landlord:
Tenant(s):
_________
_________, _________, South Carolina _________
16. GOVERNING LAW
In general, this Lease Agreement shall be governed, construed, and interpreted under the laws of the State of South Carolina and, specifically, under the South Carolina Landlord and Tenant Act.
IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.
Landlord:
By: ____________________________ Date: ______________
_________
Tenant:
By: ____________________________ Date: ______________
_________
Address: _________, _________, South Carolina _________
The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
| SATISFACTORY | COMMENTS | |
| Bathrooms | _________ | _________________________ |
| Carpeting | _________ | _________________________ |
| Ceilings | _________ | _________________________ |
| Closets | _________ | _________________________ |
| Countertops | _________ | _________________________ |
| Dishwasher | _________ | _________________________ |
| Disposal | _________ | _________________________ |
| Doors | _________ | _________________________ |
| Fireplace | _________ | _________________________ |
| Lights | _________ | _________________________ |
| Locks | _________ | _________________________ |
| Refrigerator | _________ | _________________________ |
| Screens | _________ | _________________________ |
| Stove | _________ | _________________________ |
| Walls | _________ | _________________________ |
| Windows | _________ | _________________________ |
| Window coverings | _________ | _________________________ |
| _________ | _________ | _________________________ |
| _________ | _________ | _________________________ |
Tenant:
By: ____________________________ Date: ______________
_________
