South Carolina Residential Lease Agreement

Required Landlord Disclosures (3)

South Carolina landlords must include a few key bits of information before a tenant signs the lease. The following three disclosures give tenants important information about the property, the landlord, and how to navigate certain terms.

1. Lead-based paint: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978 (42 U.S.C. § 4852d).
2. Landlord’s contact info: South Carolina law requires landlords to disclose, in writing, the name and address of the property owner or the person authorized to act on the owner’s behalf. If this information changes, the landlord must update it (S.C. Code Ann. § 27-40-420).
3. Unequal deposits: When a landlord rents more than four adjoining units on the same premises and uses different standards to calculate security deposits, the landlord must post the standards conspicuously on the property or give each prospective tenant a written statement before the rental agreement begins (S.C. Code Ann. § 27-40-410).

Security Deposit Regulations

Maximum security deposit amount: South Carolina does not set a statewide limit on security deposits for standard residential lease agreements.

Receipt of deposit: South Carolina does not require landlords to give tenants a security deposit receipt.

Deduction tracking: Landlords must provide an itemized written notice of any security deposit deductions, along with any amount due to the tenant, within 30 days after the tenancy ends, possession is returned to the landlord, or the tenant makes a demand, whichever occurs last (S.C. Code Ann. § 27-40-410).

Returning a tenant’s security deposit: Tenants must give landlords a written forwarding address for any security deposit notices or refunds. If they do not, they may lose the right to claim damages once the landlord mails the notice and any amount owed to the tenant’s last known address (S.C. Code Ann. § 27-40-410).

Penalty for wrongful withholding: If a landlord fails to return the deposit with the required written notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney’s fees (S.C. Code Ann. § 27-40-410).

Landlord’s Access to Property

Advance notice: Excluding emergencies, regularly scheduled maintenance stated in the lease, and repairs or services the tenant requests, South Carolina landlords must give tenants at least 24 hours’ notice of their intent to enter and may enter only at reasonable times (S.C. Code Ann. § 27-40-530).

Immediate access: A landlord may enter a rental immediately during an emergency. For routine maintenance listed in the lease, the landlord may enter between 9:00 a.m. and 6:00 p.m. after announcing their intent to come into the property. If the tenant requests a service or repair, the landlord may enter between 8:00 a.m. and 8:00 p.m. after announcing their intent to enter (S.C. Code Ann. § 27-40-530).

Landlord harassment: South Carolina law forbids landlords from abusing their right of access or using it to harass the tenant. If a landlord makes an illegal entry or unreasonably repeats lawful entries, the tenant may seek court remedies, terminate the lease, and recover actual damages and attorney’s fees (S.C. Code Ann. § 27-40-530, § 27-40-780).

Changing locks: A South Carolina tenant may not change the locks on the dwelling unit without the landlord’s permission (S.C. Code Ann. § 27-40-530).

Rent Payment Laws

Grace period: South Carolina gives tenants 5 days after the lease-defined due date to pay rent before the landlord can end the rental agreement for nonpayment. The landlord may not need to send a separate written notice if the lease already includes the required conspicuous language about nonpayment evictions (S.C. Code Ann. § 27-40-710).

Late rent fees: South Carolina does not cap late rent fees. Landlords should state any late fees clearly in the lease.

Tenant’s right to withhold rent: South Carolina law does not give tenants an automatic right to withhold rent. Tenants may pursue legal remedies for habitability issues by giving written notice and following the procedures set by law (S.C. Code Ann. § 27-40-610).

Breach of Rental Agreement

Missed rent payment: South Carolina landlords can terminate a lease after 5 days of nonpayment if they provide proper notice. If the lease includes the required conspicuous notice language, the landlord does not need to provide any additional written notice before proceeding. These rules apply to both fixed-term and month-to-month tenancies (S.C. Code Ann. § 27-40-710).

Lease violation: If a tenant violates the lease, a South Carolina landlord should give written notice identifying the breach and allow the tenant 14 days to fix it. If the tenant does not resolve the issue within that timeframe, the landlord may terminate the lease and seek eviction (S.C. Code Ann. § 27-40-710).

Self-help evictions: Self-help evictions, which can include changing locks, removing belongings, or cutting off essential services, are illegal in South Carolina. Landlords must always follow the formal court eviction process (S.C. Code Ann. § 27-40-660).

Lease abandonment: If tenants abandon a rental property before their lease ends, they may still owe rent until the lease expires or the landlord re-rents the unit. If the landlord re-rents the unit before the lease ends, the original rental agreement terminates when the new tenancy begins (S.C. Code Ann. § 27-40-730).

Ending a Lease

Month-to-month: In South Carolina, a landlord or tenant may terminate a month-to-month lease by giving the other party written notice at least 30 days before the termination date stated in the notice (S.C. Code Ann. § 27-40-770).

Fixed-term: Tenants may legally break a fixed-term lease before its end date only under certain circumstances, including active military duty, uninhabitable living conditions, and landlord harassment (S.C. Code Ann. § 27-40-610, § 27-40-780).

Property abandonment: South Carolina landlords may dispose of abandoned tenant property worth $500 or less without notice. For more valuable property, they must follow the procedures set by state law, and they are typically not liable for disposal unless they act with gross negligence (S.C. Code Ann. § 27-40-730).

Renewing a Lease

Required renewals: South Carolina does not require landlords to renew rental agreements unless the lease says otherwise.

Required notice: South Carolina landlords must give at least 30 days’ written notice to terminate a month-to-month lease. Fixed-term leases usually end on the date stated in the lease unless the lease requires a renewal or nonrenewal notice (S.C. Code Ann. § 27-40-770).