South Carolina Rental Agreements Overview
The South Carolina Residential Rental Agreement PDF is a critical document that establishes the legal relationship between landlords and tenants in the state of South Carolina. Whether you are a first-time landlord or an experienced property manager, understanding the legal nuances of these agreements is essential to maintaining a smooth and compliant rental process.
Having a formal agreement in place is crucial for both parties. For landlords, the agreement provides a roadmap for how to manage the tenancy, including rent collection, maintenance responsibilities, and lease termination conditions. From the tenant’s perspective, the agreement ensures that they are fully aware of their rights and obligations in the rental arrangement.
The South Carolina Residential Rental Agreement serves as a guide to the key components that should be included in every rental contract in the state . This includes information on security deposits, rent due dates, property rules, and termination procedures. Ensuring that all necessary provisions are included in the agreement helps to prevent disputes and legal complications down the road.
In South Carolina, a residential rental agreement is legally required for any tenancy that is longer than one year. Even for shorter agreements, having a formal, written contract is recommended in order to protect both the landlord and the tenant.
Both landlords and tenants are encouraged to read the entire South Carolina Residential Rental Agreement before signing in order to fully understand their obligations and rights. This will help to ensure a positive and compliant rental experience for both parties.
Essential Components of a Residential Rental Agreement for South Carolina
A South Carolina rental agreement should address many of the same issues as any rental agreement. First of all, the agreement should set out the term of the lease. That is whether the lease is for 6 months, 12 months, or even month-to-month. If the rent payments are more than 15 days late, the South Carolina Rental Act provides that the landlord may terminate the lease without any notice after 5 days. Second, you need to specify the amount of the rent. Third, the rental agreement needs to spell out just how the rent will be paid. Can it be paid by mail, by automatic withdrawal or by direct deposit? Fourth, the rental agreement should specify the date the rent is due and what the penalty is if the rent is late. The Rental Act also limits the amount of penalties. A "reasonable" fee for not more than $15 may be charged for the first five days delinquent or $30 for the second six days. If the rental agreements incorporates the rental code then there can be a flat restoration service fee.
Fifth, the rental agreement needs to clarify the amount of the security deposit. Finally, the rental agreement should include any restrictions on small children or pets. To summarize, residential rental agreements in South Carolina frequently follow the above outline.
Get a Residential Rental Agreement For South Carolina PDF
For those in South Carolina looking to download a valid residential rental agreement (commonly referred to as a lease), City-data.com provides a starting point. However, these downloads are coming from third parties, not the State of South Carolina or a legal service. Since housing is not an issue that South Carolina chose to legislate and regulate via a state-wide lease form, I will not promote these downloads.
That being said, when it comes to a lease of real property in South Carolina, the lease need not be in writing to be enforceable. Essentially, if you make an offer to lease land, and that offer is accepted, then upon occupancy, an oral lease agreement exists.
However, in order to make your rights explicit and to avoid fraudulent claims, a written lease is always preferred. For that end, there are two places to go in South Carolina to find a plain English lease agreement form, free of charge.
The University of South Carolina’s website has a free lease form you can download here. The South Carolina Bar Association also provides a free, downloadable lease form. Their free forms can be found, in PDF format, here.
Legal Essentials for South Carolina Rental Agreements
In order to be enforceable, a rental agreement must comply with certain legal standards. As a South Carolina landlord, you may be subject to various statutory requirements that affect your rights and responsibilities under the lease along with your ability to terminate a lease or evict a tenant.
In South Carolina, a residential lease can be oral or in writing; however, a written rental agreement is always preferred. A written rental agreement allows for you, as the landlord, to better define the terms of the lease and avoids any misunderstandings with regard to what is prohibited under the lease such as malicious damage, illegal activity or pets.
The following are a few South Carolina statutes with which a rental agreement must comply:
S.C. Code Ann. § 27-40-210(a)(15) provides that a landlord may enter a property to:
(15) Enter into the dwelling unit or cause it to be entered at any hour when necessary in an emergency or if the landlord has a reasonable belief that an emergency exists. "Emergency" includes but is not limited to, a fire, flood, a sewage backup, untreated water, a water leak, a gas leak, a burning odor, smoke, electrical problems or the smell of smoke, the inability to control heat when the outside temperatures are freezing or below, the smell of a burning object or substance, or any similar circumstance that threatens the life, health, safety, or property of the tenant or the public or necessitates immediate attention;
S.C. Code Ann. § 27-40-320 provides that a landlord may be entitled to
(1) Terminate the rental agreement:(i) by the landlord upon five days’ written notice to the tenant; or(ii) by the tenant upon five days’ written notice to the landlord;(2) Recover possession of the dwelling unit:(i) from the tenant upon five days’ written notice to vacate to the tenant and all other occupants; or(ii) from all other occupants upon thirty days’ written notice to vacate to the tenant and all other occupants;(3) Recover damages and receive rent payment for the period during which the tenant was in possession of the dwelling unit without authority or after the termination of the rental agreement.
A written rental agreement does not require your tenant to pay their rent by a certain date; however, if no date is established then rent is due on the first of every month per S.C. Code Ann. § 27-40-240.
If a tenant fails to pay rent, you can give a notice to vacate 5 days after the rent is due pursuant to S.C. Code Ann. 27-40-320(1)(i).
While a rental agreement can be oral, a written rental agreement is highly recommended so that you can reduce disputes with your tenants regarding their responsibilities under the lease. In the case of a dispute, most South Carolina courts prefer a written agreement over an oral agreement. If you and your tenant do not prepare a rental agreement, you should at least provide your tenants with a copy of the South Carolina Residential Landlord and Tenant Act: A Guide for Tenants.
Make Your Rental Agreement Fit Your Needs
One of the hallmarks of a well-drafted rental agreement is its ability to adapt and conform to individual circumstances and requirements. The South Carolina Residential Rental Agreement PDF is no exception, providing a strong legal foundation upon which landlords and tenants can build their own customized agreement.
This flexibility allows landlords to tailor the agreement to fit the unique needs of each property, whether it be a luxury condo in Charleston or a studio apartment in Columbia, the Columbia State House area or on Folly Beach. Similarly, for tenants, the ability to include various addendums allows for personalization. For example, teens with busy social lives might thrive with a midnight curfew clause built into the agreement. Or people with multiple vehicles might prefer a parking clause that reserves extra spaces, like the one below.
PARKING. Dynamic Beach Rentals, LLC has designated parking areas for its guests. However, there are spaces available for commercial vehicle parking, as well as plentiful guest parking. Your host has paid for any vehicle parking spaces for the length of your reservation. Beachgoers arriving in vehicles without a paid parking reservation will be subject to full price parking fees.
This flexibility also allows for the inclusion of crucial state-specific legal language , further ensuring compliance with South Carolina rental laws. For instance, the clause below includes specific language regarding the disclosure of a dwelling’s square footage, which is required in South Carolina.
SQARE FOOTAGE & DISCLOSURES FOR SINGLE FAMILY HOME RENTALS ONLY. Resident understands that all properties at Dynamic Beach Rentals, LLC are rented by the square footage disclosed on the reservation agreement and on the listing online. This disclosure is to allow guest/tenant to be aware of the size of the rental property. Dynamic Beach Rentals, LLC rents out properties by describing the square footages and amenities listed online. By signing this agreement guest/tenant acknowledges and accepts this practice of renting the rental home based off of the square footages.
For landlords and tenants in South Carolina, the being able to both take advantage of state-specific language, as well as to customize the rental agreement to meet specific needs, is a critical benefit of using a language-compliant template.
Rental Agreement Blunders to Avoid
Common mistakes arise in rental agreements when parties fail to review the entire document before signing. South Carolina law requires all residential leases to be in writing, but doesn’t require a certain format or wording. The most common mistakes occur because of this fact, and can usually be avoided if the entire lease is read carefully…to the end.
The first mistake is where the tenant’s name is blank on the blank rental agreement. The S.C. Residential Rental Agreements Act states that the landlord must provide the tenant with a copy of the lease within 30 days. Once a tenant moves in and notifies the landlord of an address change, the landlord has 30 days within which to comply with the Act. However, if the landlord did not include the tenant’s name on the rental agreement, the landlord has no obligation to provide the tenant with a rental agreement with the tenant’s name on it. As a result, the tenant is not provided with a rental agreement until after the address change. When the tenant moves in, they should make sure all of the blanks are filled out by the landlord and a copy provided to the tenant at that time. Although a tenant may ask for a copy of the lease and receive a copy without a blank tenant’s name, the rental agreement is not enforceable until the address of the tenant is included.
Another common mistake is where the rental agreement includes the lease term as a "month-to-month" basis. By failing to specify the lease term, the rental agreement can be terminated by either the landlord or tenant with written notice of 30 days. South Carolina law does not require the landlord to provide the tenant with a specific number of days as notice, but if a landlord terminates a month-to-moth lease, the landlord must give the tenant 30 days’ notice prior to the end of the one month term. For example, if the rent is due on the 1st of each month and the rental agreement ends at the end of the calendar month, the landlord would have to provide at least 30 days’ notice by the 1st of the month. Failure to provide the tenant with at least 30 days’ notice, would require the landlord to honor the lease until the end of the second month. Longer term agreements can be made in the rental agreement to allow the landlord and tenant to either cancel the lease after a specific period or provide a certain amount of written notice. However, the rental agreement will not be enforceable until the landlord receives a copy of the rental agreement showing the tenant’s signature.
Other common mistakes appear on the front page of a rental agreement because the parties assume the other party will fill in the blanks with the correct rent amount, late fees, and other terms. A rental agreement is a legally binding contract drafted between the parties in a legal format. It is that way for a reason. If a mistake occurs, the landlord can hold the tenant liable for whatever mistake the landlord chooses. Remember, the vacation home rental agreement is the same as what the real estate attorney or title attorney uses to rent a beach house. The parties may choose to add additional language to clarify the term of the rental, the amount of rent, or any other additional terms. But once the rental agreement is signed, the terms are in effect. Any mistakes will potentially be construed against the party that drafted the agreement. To avoid this mistake, all of the blanks should be filled in at the time of execution.
A final common mistake occurs if the rental agreement contains reference to the tenant’s security deposit. The parties should realize the rental agreement will have no reference to the security deposit if the tenant pays the deposit after the rental agreement is signed. The rental agreement can be voided if an applicant pays a deposit and a rental agreement has not yet been prepared or signed. The landlord or an agent for the landlord can receive a deposit of rent without drafting a rental agreement. However, without the rental agreement, the landlord cannot evict the tenant if the tenant fails to pay rent. This scenario may be attractive to a landlord if the rental agreement is only for a short period of time. Yet tenants should realize that the rental agreement is the only binding document on the landlord for the term of the lease.
To avoid these common mistakes in drafting a rental agreement, all parties should read the entire document carefully prior to signing, and be sure that all blanks are completed with terms and conditions acceptable to both parties.
When to Get Legal Help
There are certain situations in which a member of the public might consider seeking legal advice concerning a rental agreement. One such situation would be a disagreement over security deposit items, or any issue with a security deposit. Not only can a court find for or against a tenant, landlords and property managers could be subject to statutory penalties as well. Unfortunately, not every landlord is familiar with the statutory limitations on charging for certain security deposit items. Because of this, an experienced attorney with a focus on South Carolina landlord-tenant issues can help you understand your rights and give advice on whether you may be entitled to the deposit item as charged.
An attorney can also help you understand if you are entitled to recover punitive damages and/or attorney fees due to inequitable behavior by the opposing party. There are specific circumstances in which damages may be awarded to a tenant, separate from their deposit, that include a clothing washer and dryer, breach of quiet enjoyment, retaliation and failure to execute a written notice receipt. It is important that a lawyer review the lease agreement with you to see if any of these actions will apply and if so, pursue legal recourse. A landlord or property manager could also be subject to liability for lack or maintenance , denial of essential services such as heat, electricity, water or a crucial appliance, wrongful eviction and general harassment, or discrimination. Again, it is important for a lawyer to review the entire situation to determine whether any of these issues have been violated by a landlord.
Tenants also have rights, and because there are so many issues that can arise during the landlord-tenant relationship, some may require an expert’s opinion. If your landlord or property manager has harassed or threatened you, or broken into your home, you may want to speak to an attorney. Other illegal acts they may conduct that a lawyer can help expunge are enter premises without notice, denying you essential services, illegally increasing your rent, retaliating when you assert your rights, and discriminating during the application process.
Some other situations that will require legal advice are back rent issues or evictions. If required to file an unlawful entry and detainer action, the jail and criminal courts will not offer much (if any) assistance to a landlord or tenant on how to proceed. However, an experienced attorney can assist the individual in court and/or prepare the appropriate documents and notices that need to be presented to the magistrate.