Roommate Agreement in South Carolina

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What South Carolina law says

Roommate not on the lease	Under South Carolina's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement to occupy a dwelling unit, and a rental agreement may be written or oral. A roommate who is not on the written lease is a tenant only if they have their own agreement with the landlord. Separately, when a person uses another's premises without agreement or permission, the owner may choose to treat that person as a tenant at will and collect a reasonable rent. Tenant at will rule: https://www.scstatehouse.gov/code/t27c035.php. Source: S.C. Code §§ 27-40-210(12), (15); 27-35-40
Removing a roommate or subtenant	No roommate-specific statute. A tenant may be ejected on the landlord's application when rent is unpaid, the term of tenancy or occupancy has ended, or the lease is violated: the magistrate issues a rule requiring the tenant to vacate or show cause within ten days after service. A month-to-month tenancy is ended first with at least 30 days' written notice (7 days for week-to-week). Whether a tenant can act as 'landlord' against a roommate depends on whether a rental agreement exists between them. Source: S.C. Code §§ 27-37-10, 27-37-20, 27-40-770

Roommate not on the lease

Under South Carolina's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement to occupy a dwelling unit, and a rental agreement may be written or oral. A roommate who is not on the written lease is a tenant only if they have their own agreement with the landlord. Separately, when a person uses another's premises without agreement or permission, the owner may choose to treat that person as a tenant at will and collect a reasonable rent.

Tenant at will rule: https://www.scstatehouse.gov/code/t27c035.php.

Source: S.C. Code §§ 27-40-210(12), (15); 27-35-40

Removing a roommate or subtenant

No roommate-specific statute. A tenant may be ejected on the landlord's application when rent is unpaid, the term of tenancy or occupancy has ended, or the lease is violated: the magistrate issues a rule requiring the tenant to vacate or show cause within ten days after service. A month-to-month tenancy is ended first with at least 30 days' written notice (7 days for week-to-week).

Whether a tenant can act as 'landlord' against a roommate depends on whether a rental agreement exists between them.

Source: S.C. Code §§ 27-37-10, 27-37-20, 27-40-770

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · South Carolina tenant rights

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.