South Carolina Month-to-Month Lease Agreement

South Carolina Month-to-Month Lease Laws

Understanding their state’s landlord-tenant laws is a must for landlords in South Carolina. These laws affect key aspects of rental properties, such as:

• Disclosures
• Notices to terminate
• Rent increases
• Evictions
• Security deposit laws
• Pet deposits and rent limitations
• Late fees

Required Landlord Disclosures (3)

1. Lead paint disclosure: For most rentals built before 1978, landlords must disclose any known lead-based paint or lead hazards before either party signs the lease. This is the only federally mandated disclosure.

2. Landlord’s contact information: South Carolina law requires leases to include the name and address of the landlord or their authorized agent. If that information changes, the landlord must update the necessary documents and notify the tenant (SC Code § 27-40-420).

3. Unequal deposits: If a landlord owns four or more adjacent units in the same building, they must charge the same security deposit for each unit. If deposits vary, the landlord must either explain the difference in the lease or post the criteria somewhere visible on the property (SC Code § 27-40-410).

Required Notice to Terminate Month-to-Month Agreement

Because South Carolina’s month-to-month rental agreements don’t have set end dates, landlords and tenants must abide by state-specific rules when providing notice to terminate the contract.

Required notice for the landlord: At least 30 days of advance notice

Required notice for the tenant: At least 30 days of advance notice

Rent Increase Laws

There are no rent control or rent stabilization laws in South Carolina. To raise rent for a month-to-month rental agreement, landlords must give tenants at least 30 days’ notice beforehand.

Rent Payment Laws

Grace period: Tenants have 5 days after the lease-defined due date to pay rent before a landlord can terminate the rental agreement (SC Code § 27-40-710).

Late rent fees: South Carolina law does not currently regulate late fees. Landlords are free to charge late fees as they see fit, and should outline their policies within the rental agreement.

Tenant’s right to withhold rent: Under South Carolina law, tenants can’t automatically withhold rent. However, by following legal procedures, they can seek action against landlords for habitability issues (SC Code § 27-40-610).

Pet rent: South Carolina allows landlords to collect pet rent, fees, or deposits from tenants. Service and emotional support animals are exempt from all pet-related fees under federal fair housing laws.

Security Deposit Rules

Maximum security deposit amount: South Carolina law does not limit how much a landlord can charge a tenant for a security deposit.

Receipt of deposit: State law doesn’t require landlords to provide tenants with a security deposit receipt.

Deduction tracking: Landlords must provide an itemized written notice of any deductions from the security deposit and any remaining balance within 30 days after the lease ends (SC Code § 27-40-410).

Returning a tenant’s security deposit: Tenants must give landlords a written forwarding address. If they don’t, the landlord can send notice and any amount owed to the tenant’s last known address. The tenant can’t claim damages if they never receive their security deposit (SC Code § 27-40-410).

Pet deposits: South Carolina allows landlords to collect a separate pet deposit in addition to the standard security deposit. Landlords must return pet deposits to tenants, less any deductions for damage, under the same rules and timeline that apply to regular security deposits.

Property Access Regulations

Advance notice: Landlords must provide at least 24 hours’ notice before entering a rental unit, unless it’s an emergency, scheduled maintenance included in the lease, or a tenant-requested repair. Entry must occur at a reasonable time of day (SC Code § 27-40-530).

Immediate access: Landlords may enter a rental unit without notice during emergencies. For all other access, including lease-defined maintenance or tenant service requests, they must give proper notice before entering (SC Code § 27-40-530).

Landlord harassment: South Carolina law prohibits landlords from abusing or misusing their right of entry (SC Code § 27-40-530).

Rental Agreement Violations

Missed rent payment: South Carolina landlords can end a lease after 5 days of nonpayment if they provide proper notice. If the lease includes this warning or they’ve issued a non-payment notice once before, they don’t need to give any additional notice before filing for eviction. This rule applies to fixed-term and month-to-month leases (SC Code § 27-40-710).

Lease violation: For nonpayment or other lease violations, landlords must give tenants written notice identifying the issue and allowing them a chance to remedy it. If the tenant fails to comply, the landlord may begin eviction (SC Code § 27-40-710).

Self-help evictions: Landlords cannot change locks, remove belongings, or otherwise force tenants out without a court order. South Carolina law requires all evictions to go through formal legal channels (SC Code § 27-40-660).

Lease abandonment: If tenants abandon the unit before the lease ends, they may still owe rent until the lease expires or the landlord re-rents the property (SC Code § 27-40-730).