South Carolina Room Rental Agreement
If you’ve decided to rent out a room in your South Carolina home, you’re in the right place.
In recent years, many people have started landlording by renting out a room to earn extra income. This “house hacking” trend continues to grow.
Now that you’ve chosen to welcome a tenant into your home, what’s next? Start by finding a tenant and signing a room rental agreement. South Carolina laws shape how room rentals work and include several landlord-tenant rules you’ll need to follow. We’ll break those down below.
South Carolina Room Rental Laws
Each state creates its own landlord-tenant laws to guide the housing process. These laws protect landlords and tenants, covering everything from rent increases to security deposits and lease termination.
South Carolina landlords should follow these laws closely to avoid any issues later down the road.
Types of Room Rental Agreements
Landlords can choose from a few types of South Carolina room rental agreements, depending on their needs:
Verbal agreement: A verbal agreement is basically a handshake deal with nothing in writing. Many landlords renting out rooms feel this is enough, but we don’t recommend doing so. Instead, we suggest using a simple, printable lease agreement template in PDF form or online to help avoid miscommunications.
Fixed-term lease: A fixed-term lease sets a specific term and includes a firm end date. These leases give landlords more stability but less flexibility regarding the lease’s length.
Month-to-month lease: A month-to-month lease renews automatically at the end of each month, creating a tenancy-at-will. These agreements offer flexibility and allow either party to cancel with written notice.
Room Rental Agreement South Carolina
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South Carolina Lease Agreement
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Required Landlord Disclosures
When signing a room rental agreement, South Carolina landlords must disclose the following to the tenant:
1. Lead-based paint: Federal law requires landlords to disclose any known presence of lead-based paint or lead-based paint hazards on properties built before 1978.
2. Unequal deposits: If the landlord rents out four or more adjoining units with different security deposit amounts, they must explain how they calculate the deposits and post that information in a visible place on the premises (SC Code § 27-40-410).
3. Landlord contact info: The landlord must give the tenant the property owner’s or authorized agent’s name and address. If that information changes, the landlord must notify the tenant (SC Code § 27-40-420).
Security Deposits
Maximum security deposit: South Carolina does not set a maximum limit on security deposits.
Security deposit receipt: Landlords in South Carolina do not have to provide a receipt when collecting the deposit.
Deduction tracking: If the landlord keeps part of the deposit for repairs or cleaning beyond normal wear and tear, they must give the tenant an itemized list of deductions within 30 days after the lease ends (SC Code § 27-40-410).
Security deposit return: Landlords must return deposits within 30 days to the tenant’s new address. If the tenant doesn’t provide one, the landlord can send it to the last known address (SC Code § 27-40-410).
Pet deposits: South Carolina landlords may charge a pet deposit, but the amount must be reasonable. They cannot collect a pet deposit for service animals or emotional support animals (ESAs).
Rent Payment Regulations
Late rent fees: South Carolina does not cap late fees, but landlords should clearly list the fee amount in the lease agreement.
Right to withhold rent: South Carolina tenants cannot withhold rent to make repairs unless a judge approves it after the landlord fails to provide an essential service. The tenant must first give the landlord 14 days’ notice of the habitability issue. If the landlord doesn’t fix the problem, the tenant may legally terminate the lease (SC Code § 27-40-630(c)).
Grace period: South Carolina does not require a specific grace period for late rent payments.
Pet rent: South Carolina landlords may charge pet rent, but not for service animals or emotional support animals (ESAs).
Rent Payment Increase Rules
Rent payment increase frequency: South Carolina landlords cannot raise rent during a fixed-term lease unless it includes language that allows it. For month-to-month leases, landlords may raise rent as often as they want but must give 30 days’ notice.
Rent payment increase maximum: South Carolina does not limit how much landlords can raise rent.
Rent control/stabilization: South Carolina currently has no rent control laws. However, a few bills in the state legislature could introduce some level of rent control in the future.
Room Rental Agreement Breaches
Failure to pay: Landlords can issue a 5-day Notice to Pay or Quit once rent is late. If the lease already includes this language, the landlord does not need to give any additional notice. They may begin eviction proceedings after the five days pass (SC Code § 27-40-710(b)).
Lease violations: For lease violations, the landlord may issue a 14-day Notice to Cure or Quit before starting eviction proceedings (SC Code § 27-40-710(a)).
Lease abandonment: If the tenant abandons the lease early, they may be responsible for the full rent amount through the end of the lease term. This policy applies until the landlord finds a new tenant (SC Code § 27-40-710(c)).
Self-help evictions: Landlords should never try to evict a tenant on their own by changing the locks or turning off utilities, and must always follow South Carolina law (SC Code § 27-40-660).
Ending a Room Rental Agreement
To end a room rental agreement, South Carolina landlords and tenants must follow the lease terms and state landlord-tenant law or have a legally valid reason to do so without penalty.
Month-to-month: Either party can end a month-to-month South Carolina room rental agreement by giving 30 days’ written notice (SC Code § 27-40-770).
Fixed-term: Unless the lease includes an early termination clause, both the landlord and tenant must wait until the lease term ends to end a tenancy.
Tenant’s right to terminate: Sometimes, a tenant can legally end a South Carolina room rental agreement without penalty. These include entering active military duty, unit habitability issues, or landlord harassment.
Landlord Room Access Laws
Immediate access: Landlords in South Carolina may enter the unit without notice only in cases of emergency (SC Code § 27-40-530).
Landlord harassment: Landlords cannot abuse their right of access by entering repeatedly or at unreasonable times (SC Code § 27-40-530).
Advance notice: Landlords must give the tenant at least 24 hours’ notice before entering the unit. For regularly scheduled services, entry must occur between 9:00 a.m. and 6:00 p.m. For tenant-requested repairs, entry must occur between 8:00 a.m. and 8:00 p.m. (SC Code § 27-40-530).
Agreement Renewal/Termination
Required renewals: South Carolina landlords do not have to renew the lease when the term ends.
Required notice: To end a month-to-month South Carolina room rental agreement, either party must give 30 days’ written notice. No advance notice is required to end a fixed-term lease.
Month-to-month considerations: South Carolina landlords must give the tenant at least 30 days’ written notice to terminate a month-to-month agreement.
Room Rental Agreement South Carolina FAQs
What to include in a South Carolina room rental agreement?
A South Carolina room rental agreement should include the names of all parties and a description of the room. It should also cover rent and security deposit details, late fees, house rules, and landlord and tenant responsibilities.
How do I legally rent out a room?
First, check with your local zoning and licensing board to confirm whether you need any permits. Ensure the room is habitable and follow all landlord-tenant laws to stay compliant throughout the lease term.
How to make a South Carolina room rental agreement?
The best way to create a South Carolina room rental agreement is to sign up for a free account with TurboTenant. This top-tier property management software gives landlords access to legally compliant lease templates for every state.
