South Carolina Residential Lease Agreement
South Carolina sets no statewide ceiling on security deposits, but the landlord must refund it within 30 days after the triggering event.
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South Carolina lease rules at a glance
South Carolina lease disclosures checklist
At or before the start of the tenancy, give the tenant in writing the name and address of the owner or the owner's agent for notices, and give the federal lead-paint disclosure for pre-1978 housing (S.C. Code Ann. § 27-40-420; 42 U.S.C. § 4852d). (S.C. Code Ann. §§ 27-40-410(c), 27-40-420)
- Name and address of an owner or of the owner's agent for service of process and notices — In writing at or before the start of the tenancy, kept currentS.C. Code Ann. § 27-40-420
- Statement of the standards used to calculate security deposits — Before signing, only for landlords renting more than four adjoining units who apply different deposit standards to different tenants (may be posted instead)S.C. Code Ann. § 27-40-410(c)
- Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
MakeLease generates a customizable lease; add these South Carolina disclosures and terms.
Before you sign in South Carolina
- If a deposit is withheld wrongly
- A landlord who fails to return the deposit or prepaid rent with the required itemized notice owes the tenant three times the amount wrongfully withheld plus reasonable attorney's fees (S.C. Code § 27-40-410(b)). (S.C. Code § 27-40-410(a)-(b))
- Deductions from the deposit
- Any deduction for accrued rent or damage must be itemized in a written notice sent to the tenant with the amount due within the 30-day period (S.C. Code § 27-40-410(a)). (S.C. Code § 27-40-410(a))
- Interest on the deposit
- South Carolina law does not require landlords to pay interest on security deposits (S.C. Code § 27-40-410, silent). (S.C. Code § 27-40-410 (silent on interest))
- Rent control and increases
- South Carolina has no rent control, and counties and cities may not regulate the amount of rent on privately owned housing (S.C. Code Ann. § 27-39-60). (S.C. Code Ann. § 27-39-60)
No statewide rent control; counties and cities may not enact, maintain or enforce any ordinance regulating rent on privately owned residential or commercial rental property (S.C. Code § 27-39-60). Local governments may still regulate rents on their own property or by agreement with private owners.
- If rent goes unpaid
- If rent is not paid within 5 days of the due date, you may end the lease after giving written notice of nonpayment and intent to terminate; one notice per lease term is enough, and a conspicuous clause in the lease using the statutory 'IF YOU DO NOT PAY YOUR RENT ON TIME' language satisfies it (S.C. Code Ann. § 27-40-710(B)). (S.C. Code Ann. § 27-40-710(B))
South Carolina lease FAQs
How much can a landlord charge for a security deposit in South Carolina?
South Carolina sets no limit on the size of a residential security deposit, but a landlord renting more than four adjoining units who uses different deposit standards for different tenants must post or hand out those standards before the lease is signed (S.C. Code § 27-40-410(c)) (S.C. Code § 27-40-410 (no amount limit; (c) disclosure of differing deposit standards)).
How long does a South Carolina landlord have to return a security deposit?
Landlords must send the itemized written notice and any deposit balance within 30 days after the latest of termination of the tenancy, delivery of possession, or the tenant's demand, to the forwarding address the tenant gives in writing (S.C. Code § 27-40-410(a)).
Is there a limit on late fees in South Carolina?
South Carolina sets no cap on residential late fees; the Act treats agreed late charges as part of rent, so the amount is set by the lease (S.C. Code §§ 27-40-210(11), 27-40-310(a)) (S.C. Code § 27-40-210(11) ('rent' includes late charges); § 27-40-310(a) (terms set by agreement); Ch. 40 has no late-fee limit). South Carolina sets no grace period before a late fee may be charged; the five-day period in S.C. Code § 27-40-710(B) only controls when a landlord may terminate the lease for nonpayment (S.C. Code § 27-40-710(B) (five days to pay before termination, not a fee grace period)).
How much notice must a South Carolina landlord give before entering a rental?
Give at least 24 hours' notice and enter only at reasonable times, except in an emergency or when announcing entry for lease-listed routine services (9 a.m.-6 p.m.) or tenant-requested services (8 a.m.-8 p.m.) (S.C. Code § 27-40-530).
How much notice ends a month-to-month tenancy in South Carolina?
Either side may end a South Carolina month-to-month tenancy with written notice given at least 30 days before the termination date it names (S.C. Code § 27-40-770(b)).
What disclosures does a South Carolina lease need?
At or before the start of the tenancy, give the tenant in writing the name and address of the owner or the owner's agent for notices, and give the federal lead-paint disclosure for pre-1978 housing (S.C. Code Ann. § 27-40-420; 42 U.S.C. § 4852d) (S.C. Code Ann. §§ 27-40-410(c), 27-40-420). The list covers Name and address of an owner or of the owner's agent for service of process and notices, Statement of the standards used to calculate security deposits and Lead-based paint disclosure and EPA pamphlet.
More on renting in South Carolina
- South Carolina landlord-tenant law — every topic in full, compared with neighbouring states
- South Carolina security deposit law — limit, return deadline and a deadline calculator
- Georgia residential lease agreement
- North Carolina residential lease agreement
- Notice to vacate
- Lead paint disclosure
- Lease agreements for other states
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