South Carolina Residential Lease Agreement
A free South Carolina lease template, plus what South Carolina law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures South Carolina requires
| Owner or agent name and address | At or before the start of the tenancy, the landlord (or anyone authorized to sign the rental agreement for the landlord) must disclose in writing the name and address of an owner or the owner's agent for service of process and for receiving notices and demands, and keep it current. A person who signs for the landlord without making this disclosure becomes the landlord's agent for service, notices and landlord duties. Applies to: All residential rental agreements Source: S.C. Code § 27-40-420 |
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| Deposit standards in larger complexes | A landlord that rents more than four adjoining units on the premises and uses different standards to calculate deposits for different tenants must, before the rental agreement is signed, post the standards conspicuously on the premises or where rent is paid, or give each prospective tenant a written statement of them. Otherwise the excess over the lowest deposit for a comparable unit cannot be used for damages. Applies to: Landlords renting more than four adjoining units with varying deposit standards Source: S.C. Code § 27-40-410(c) |
Terms South Carolina law requires or controls
| Built-in nonpayment notice | Before terminating for nonpayment (rent unpaid 5 days after due), the landlord must give written notice, but this is satisfied if the written rental agreement contains, in conspicuous language, this or a substantially equivalent provision: "IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit." The clause also covers a month-to-month tenancy that follows the original term. Applies to: Written residential leases (optional clause) Source: S.C. Code § 27-40-710(B) |
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| Entry for scheduled services | The landlord may enter without consent between 9 a.m. and 6 p.m. for regularly scheduled periodic services (such as filter changes or pest treatment) only if that right is conspicuously stated in writing in the rental agreement and the landlord announces the entry. Otherwise, except in emergencies or for tenant-requested services, 24 hours' notice is required. Applies to: Written residential leases Source: S.C. Code § 27-40-530(b)-(c) |
| Default terms when the lease is silent | Without agreement the tenant pays fair-market rental value; unless the tenant is notified otherwise in writing, rent is due without demand at the dwelling unit, at the start of any term of one month or less and otherwise in equal monthly installments, and is apportionable day to day. Without a definite term, a weekly-paying roomer is week to week and all others are month to month. Applies to: All residential rental agreements Source: S.C. Code § 27-40-310 |
| House rules | Rules are enforceable only if they promote tenants' convenience, safety or welfare, protect the property or fairly distribute services; are reasonably related to that purpose; apply fairly to all tenants; are clear; are not meant to evade the landlord's duties; and the tenant had notice when signing or when adopted. A later rule that substantially changes the bargain is not valid against a tenant who objects in writing within 30 days after notice of the right to object. Applies to: Leases with rules or regulations Source: S.C. Code § 27-40-520 |
| Tenant-performed repairs in single-family homes | In a single-family residence, the landlord and tenant may agree in writing that the tenant handles specified landlord duties, repairs, maintenance, alterations or remodeling, but only in good faith and not to evade the landlord's obligations. Applies to: Single-family residences Source: S.C. Code § 27-40-440(c) |
Clauses that are void in South Carolina
| Waiver of rights | A rental agreement may not provide that the tenant waives or gives up rights or remedies under the Residential Landlord and Tenant Act. Applies to: All residential rental agreements Source: S.C. Code § 27-40-330(a)(1) |
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| Confession of judgment | A rental agreement may not authorize anyone to confess judgment on a claim arising from the agreement. Applies to: All residential rental agreements Source: S.C. Code § 27-40-330(a)(2) |
| Landlord liability waivers and indemnity | A rental agreement may not excuse or limit the landlord's legal liability or require the tenant to indemnify the landlord for it. Prohibited provisions are unenforceable; a landlord who deliberately uses them owes actual damages plus up to the security deposit and attorney's fees, or, if malicious, up to three months' periodic rent and attorney's fees. Bona fide liquidated damages clauses for lost rent after early termination remain valid. Applies to: All residential rental agreements Source: S.C. Code § 27-40-330 |
| Rent free of repair duties | A rental agreement may not separate the tenant's duty to pay rent from the landlord's duty to maintain the premises. Applies to: All residential rental agreements Source: S.C. Code § 27-40-340 |
Format and delivery rules
| Conspicuous clauses | The built-in nonpayment notice and any right to enter for regularly scheduled services are effective only if stated conspicuously in the written rental agreement. Applies to: Written residential leases |
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Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by South Carolina law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice South Carolina law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with South Carolina law (None in Title 27, Ch. 40).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (South Carolina law sets no maximum; S.C. Code § 27-40-410). Landlord will return it, minus lawful deductions with any required itemized list, within the time South Carolina law sets (S.C. Code § 27-40-410(a)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice South Carolina law requires (S.C. Code § 27-40-530), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than South Carolina law requires.
14. Built-in nonpayment notice. (Write this clause to meet South Carolina law: see "Built-in nonpayment notice" above (S.C. Code § 27-40-710(B)).)
15. Entry for scheduled services. (Write this clause to meet South Carolina law: see "Entry for scheduled services" above (S.C. Code § 27-40-530(b)-(c)).)
16. Default terms when the lease is silent. (Write this clause to meet South Carolina law: see "Default terms when the lease is silent" above (S.C. Code § 27-40-310).)
17. House rules. (Write this clause to meet South Carolina law: see "House rules" above (S.C. Code § 27-40-520).)
18. Tenant-performed repairs in single-family homes. (Write this clause to meet South Carolina law: see "Tenant-performed repairs in single-family homes" above (S.C. Code § 27-40-440(c)).)
19. Disclosures attached. Landlord has given Tenant these disclosures required by South Carolina law: Owner or agent name and address; Deposit standards in larger complexes. [Attach each one.]
20. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
21. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.