Lease Agreements By Type (7)
Association of Realtors Version: The state’s realtor group offers a fully equipped rental agreement that may be executed by any individuals partaking in the leasing of a property.
Download: PDF |
Commercial Lease Agreement: Legalizes the commitment between an owner and renter of property secured for a company’s operation.
Download: PDF, Word (.docx) |
Lease to Own Agreement: Is utilized to enter into a real estate rental contract with an extended opportunity to purchase the property at the end of the lease.
Download: PDF, Word (.docx) |
Month-to-Month Lease: Describes the conditions of an arrangement to lease a space for a given period and monthly premium with the preference to terminate with thirty (30) day notification or more for either the owner or tenant.
Download: PDF |
Roommate Agreement: Identifies the relationship, clauses, and obligations between a tenant of a residence and an alternate person choosing to occupy the same building.
Download: PDF |
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Standard Lease Agreement Download: PDF, Word (.docx) |
Sublease Agreement: Verifies the particulars to a written document arranging for a tenant to rent a leased unit to another entity.
Download: PDF, Word (.docx) |
Additional Forms
Required Landlord Disclosures
1.) Identification of the Landlord or Authorized Agents (§ 27-40-420): Landlords entering a lease identify owners and their agents (e.g., property managers).
2.) Differing Security Deposits (§ 34-11-410a): Multi-unit landlords with greater than 4 units can request different security amounts; however, they must disclose this.
3.) Lead-Based Paint (42 U.S. Code § 4852d): The federal government mandates landlords release information on the possibility of lead-based paint in homes built before 1979.
When is Rent Due?
Grace Period: South Carolina does not enforce a grace period (unless it is in the lease); however, no eviction proceedings may occur before 5 days’ notice (S.C. Code Ann. § 27-40-710(B)).
Unpaid Rent: Landlords issue a permanent 5-day notice to pay rent on time or surrender the property, specifically in the lease. (S.C. Code Ann. § 27-40-710(B)).
Late Fees
South Carolina generally does not govern late rent fees; however, such fees are only applicable if in the lease (S.C. Code Ann. § 27-40-10).
NSF Fees
Security Deposit Maximum ($)
Security Deposit Return
Returning to Tenant: Landlords have less than “thirty days after termination of the tenancy” to return the security deposit (SC Code § 27-40-410).
Itemized List: Landlords itemize each deduction from the security deposit whenever returning less than the full amount (SC Code § 27-40-410).
Landlord Right To Enter
Standard Entry: While tenants must consent to reasonable access, landlord deliver 24 hours’ notice of their need for entry (SC Code § 27-40-530).
Emergency Entry: Landlords can enter without direct consent in emergencies (e.g., destructive weather), especially to protect the property (SC Code § 27-40-530).
Absence
Repair and Deduct
Once there is a significantly ongoing breach in the lease or health and safety codes:
- The tenant issues a 14-day notice to repair or quit
- Tenants work through the courts for solutions whenever the issue is unsolvable (SC Code Ann. § 27-40-610(b)).
When a Tenant Terminates the Lease (early)
Duty to Mitigate: Landlords operate with the understanding that they seek new tenants to replace an abandoning one accordingly (SC Code § 27-40-730).
Active Military: All military service members responding to orders are able to terminate their lease through a 30-day notice, accordingly (50 USC 3955).
Domestic Violence: Tenants work with courts or law enforcement to address domestic violence since they may not terminate without liability (S.C. Code Ann. § 27-40-10).
Landlord Noncompliance: If tenants face lease noncompliance, then they issue a 14-day notice to cure or terminate the lease (SC § 27-40-610(a)).
Landlord Harassment: While tenants cannot terminate prematurely, they use the courts to seek relief (as well as damages) (S.C. Code Ann. § 27-40-530(c)).
Inhabitability: Tenants can terminate with a 14-day cure or quit notice if:
- The landlord is unable or unwilling to bring the property to habitability within 14 days of receipt of the notice
- The uninhabitability of the property significantly affects their health and safety (SC § 27-40-610(a)).


Commercial Lease Agreement



