South Carolina Rental Lease Agreement Templates

General Contract Addendum (Form 390) – This form allows users to stipulate that a certain action must be carried out prior to the tenant moving in or during the course of the occupancy.

1.) Identification of the Landlord or Authorized Agents (§ 27-40-420) – Any lessor entering into a leasing agreement must inform the lessee of the name and address of the owner, as well as any agents authorized to act on the owner’s behalf. Should this information change within the duration of the lease, the tenant must be updated to the change.

2.) Differing Security Deposits (§ 34-11-410a) – For adjacent multi-unit properties of four or more, the landlord has the right to request different security amounts for the separate units. If the owner elects to do so, they must either produce a reasonable accounting breakdown of the contrasting character in units and accompanying dollar amounts for the distinctions. This documentation must be either posted in plain view in the building or delivered to the tenants.

3.) Lead-Based Paint (42 U.S. Code § 4852d) – The federal government mandates that information be included on the possibility of the presence of lead-composed to be found in homes built before 1979. Materials educating the lessee of the precautions to take with lead-composed paint and warning signs of exposure must be distributed before or at the time of lease endorsement.

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)).

Standard Lease: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).
Rent-to-Own: South Carolina permits landlords to charge rental purchase agreement tenants a $4 late fee for missed monthly payments or $2 for missed bi-weekly/weekly payments accordingly (S.C. Code § 37-2-705).

Landlords have the right to pursue the greater of the bank charges resulting from a bad check or $30 (S.C. Code Ann. § 34-11-70(A)).

South Carolina does not place a limit on the late fees a lease requires in order to accept a tenant’s signature.

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).

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).

Landlords assume tenant abandonment whenever the property is consistently vacant for at least 15 days after nonpayment of rent (SC. Code Ann. § 27-40-730).

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 may work through the courts for solutions and damages whenever the issue is unsolvable (SC Code Ann. § 27-40-610(b)).

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 gain injunctive relief as well as seek 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)).

South Carolina oral leases must be less than 1 year in order to be enforceable (S.C. Code Ann. § 32-3-10(4)).

South Carolina allows individual leases to determine rent increases when renewing an agreement since it does not regulate rent control.

Landlords have no obligation to store tenant property left behind once there is abandonment or successful eviction ((SC Code § 27-40-710), ((SC Code § 27-40-730)).

The extended version of statutes discussing conduct and responsibilities involved in the relationship of a lessor and lessee are covered in the South Carolina Code of Laws Unannotated Residential Landlord and Tenant Act § 27-40.