South Carolina Lease Agreement Templates

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What’s Included in South Carolina Lease Forms

Lease Template Updated November 13, 2024

A residential lease agreement in South Carolina is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with South Carolina laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosures and Addenda for South Carolina

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Disclosure

Landlord's Name and Address <p>Landlords, or individuals authorized to enter into a rental agreement on their behalf, must disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of the property owner or a person authorized to act on behalf of the owner.&nbsp;</p>
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
Condition of the Premises <p>&nbsp;Landlords are required to maintain the premises in a fit and habitable condition, adhering to applicable building and housing codes that materially affect health and safety. This includes ensuring that all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities are maintained in good working order.</p>
Late/Returned Fees <p>South Carolina law does not specify a maximum amount for late fees; however, they must be reasonable and clearly stated in the rental agreement. It is recommended that landlords define the amount of the late fee, the grace period (if any), and the date on which rent is considered late within the lease terms.</p>
Mold Disclosure <p>South Carolina law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
Non-Refundable Fees <p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
Smoking <p>Landlords are encouraged to specify smoking policies within the lease, indicating whether smoking is permitted and any restrictions or designated areas.</p>
Security Deposit Disclosure <p>Under South Carolina law, there is no statutory cap on the amount a landlord may charge for a security deposit, though the amount must be reasonable and applied consistently. Upon termination of the tenancy, the landlord is required to return the security deposit—minus any lawful deductions (such as unpaid rent or damages beyond normal wear and tear)—within 30 days, accompanied by an itemized written notice of deductions. Failure to comply may entitle the tenant to recover up to three times the amount wrongfully withheld, plus reasonable attorney's fees.</p>
Flood Hazard Disclosure <p>South Carolina law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
Radon Disclosure <p>South Carolina does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
Bed Bugs Disclosure <p>While South Carolina law does not explicitly require landlords to disclose bed bug infestations, they are obligated to maintain rental properties free from pests, including bed bugs.</p>

Addenda

Pet Agreement <p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>
Medical Marijuana <p>As of the current legal framework, South Carolina has not legalized medical marijuana. Consequently, landlords should clearly state in the rental agreement that the use, possession, or cultivation of marijuana on the premises is prohibited, ensuring compliance with state laws.</p>
Shared Utilities <p>Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.</p>
Carbon Monoxide Alarm <p>South Carolina law does not require the installation of carbon monoxide detectors in rental properties.</p>

Landlord’s Name and Address

Applicable to all South Carolina rentals.

The lease agreement must include the full name and address of the landlord or their authorized agent. According to South Carolina Code of Laws, Title 27, Chapter 40 (South Carolina Residential Landlord and Tenant Act), landlords must provide tenants with accurate contact information to facilitate legal and maintenance communications.

Landlord Requirements:

  • Provide the landlord’s or property manager’s name and address in the lease agreement.
  • Notify tenants immediately of any changes to contact information.

Lead-Based Paint Disclosure

Applicable to South Carolina rentals built before 1978.

South Carolina landlords must comply with federal Title X lead paint disclosure requirements,  ensuring that tenants are fully informed of any potential lead hazards in older rental units. 

Landlord Requirements:

  • Provide tenants with a signed lead-based paint disclosure form.
  • Give tenants a copy of the EPA-approved lead hazard pamphlet.
  • Disclose any known presence of lead-based paint or associated hazards.

Condition of the Premises

Guidelines for Maintaining Rental Property Standards

The lease must document the property’s condition to protect both parties, in accordance with South Carolina Code § 27-40-440. This ensures clarity on pre-existing issues and responsibilities during and after the lease.

Landlord Requirements:

  • Perform a property inspection prior to tenant move-in.
  • Provide a move-in condition checklist.
  • Ensure the premises meet South Carolina’s habitability standards.

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