Free South Carolina Rental Lease Agreement


Sample South Carolina Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, South Carolina, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of South Carolina, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of South Carolina.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of South Carolina (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of South Carolina, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, South Carolina, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, South Carolina, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

South Carolina Rental Lease Agreement

What do you know about the rental lease agreements in South Carolina? How about the rental laws that apply to the residential rental units?

  • The Official Rules and Regulations

    • Residential Landlord and Tenant Act – S.C. Code Ann. §§ 27-40

  • Security Deposit

    • The state of South Carolina doesn’t have statutes for the security deposit maximum, the security deposit interest, non-refundable fees, pet deposits or the need to set up a separate security deposit bank account.

    • The deadline for returning the security deposit is 30 days after the termination of tenancy or after the delivery of possessions, or after the demand by the tenant; whichever comes later. For the return, the tenant should give the landlord their forwarding or new address in writing. But, if the tenant fails to provide the landlord with the new or the forwarding address, the tenant will wave away the damages under this section, as provided by the landlord of the landlord has no notice of the tenant’s whereabouts or if they mailed the written notice and the due amount to the tenant’s last-known address.

    • The permitted uses of the deposit include the payment of outstanding payment or fees and payment of damages suffered by the tenant as a result of the tenant’s non-compliance

    • The landlord must prepare an itemized list of charges and damages

    • The law requires the landlord to disclose their method of calculating the deposit amount if the landlord has more than 4 adjoining units.

    • If the landlord fails to comply with the rules, the tenant could recover the money and the property in an amount equal to three times the amount withheld wrongfully.

  • Lease, Fees, and Rent

    • Rent is due without demand or notice at the time and the place agreed upon by the parties. Otherwise, the rent is due at the beginning of the month

    • No statutes govern rent increase notices, rent grace periods, application fees, prepaid rent, or late fees.

    • You will pay $30 for returned checks.

    • The landlord can withhold rent if the landlord fails to provide essential services like heat and water.

    • The tenant cannot repair and deduct rent

    • The landlord can recover attorney and court fees

    • The landlord has to make a reasonable effort to mitigate any damages to the lessee, and this includes any attempts to re-rent

    • If a tenant abandons their property, three things happen:

      • 15 days after defaulting, the unexplained absence from the unit is construed as abandonment of the dwelling unit

      • The termination of utilities: if the tenant terminated the utilities voluntarily, the abandonment is perceived as immediate

      • Personal Property: if the landlord abandons the unit legitimately, the landlord may enter the dwelling and dispose of the personal property for not less than $500.

  • Notices and Entry

    • The tenant cannot deny the landlord the right to enter the premises to make changes, repair, make improvements or decorations, among others.

    • The notice for terminating a lease in a fixed-end lease isn’t necessary as the lease expires as per the rental lease agreement laws of South Carolina but a 60-day notice is recommended.

    • For monthly and weekly leases, the notice needed are 30, and 7-day notices are required.

    • No statutes guide notice entries for time/ date of move-out inspections.

    • The notice of termination of all leases for nonpayment is a 5-day written notice which should be conspicuous in the lease. In the absence of the written notice in the lease, a 5-day written notice is required before lease termination and filing of the eviction.

    • Termination of lease violations as per rental lease agreement requires 14-day notices.

    • Notice before entry is required 24 hours in advance

    • Entry is allowed for showings, with notice while entry for emergencies don’t require notices. A notice is, however, required for non-emergency repairs and maintenance

    • No statute on entry after a tenant’s extended absence

    • 24-hour notice to tenants is necessary before pesticide use

    • Lockouts and utility shut-offs are not allowed

Disclosures and Miscellaneous Notes

This section has names and addresses, lock changes, landlord and tenant duties, lead disclosures, and retaliation.

Court Related Matters

The state of South Carolina has Small Claims Court Limits of $7,500. The courts also allow eviction cases.

The statute of limitation accepts written and oral contracts for up to 3 years.

Business Licenses

No state-wide statutes require business licenses, but the local counties and cities may need them.

Now that you have all the details of the South Carolina rental lease agreement in your fingertips fill in our free online rental lease agreement form here.

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SC Rental Lease Agreement

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