South Carolina Residential Lease Agreement
A lease that works in the State of South Carolina has to respect the South Carolina Residential Landlord and Tenant Act: no statutory ceiling on the security deposit, accounted for within 30 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a South Carolina tenancy, with the statute it comes from.
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South Carolina rental law at a glance
Each row is the rule Landy applies when it builds a South Carolina lease. The citation is printed in the finished document too, so a tenant can check it.
| Rule | South Carolina | Citation |
|---|---|---|
| Security deposit limit | No statutory limitSouth Carolina sets no statutory cap on the security deposit amount. | No statute on point |
| Deposit return deadline | 30 daysLandlord must return the deposit or an itemized list of deductions within 30 days after termination. | S.C. Code § 27-40-410 |
| Interest on deposits | Not requiredSouth Carolina does not require interest on security deposits. | S.C. Code § 27-40-410 |
| Late fee limit | No statutory limitSouth Carolina sets no statutory late-fee cap; the fee must be stated in the lease. | No statute on point |
| Grace period before rent is late | No statutory grace periodSouth Carolina sets no statutory grace period for rent. | No statute on point |
| Notice to pay or quit | 5 daysTenant has 5 days to pay rent or vacate before the landlord may file for possession. | S.C. Code § 27-40-710 |
| Time to cure a lease violation | 14 daysTenant generally has 14 days to remedy a curable lease violation. | S.C. Code § 27-40-710 |
| Ending a month-to-month tenancy | 30 days' noticeEither party must give at least 30 days' written notice to end a month-to-month tenancy. | S.C. Code § 27-40-770 |
| Notice before landlord entry | 24 hoursLandlord must give at least 24 hours' notice before entering, except in an emergency. | S.C. Code § 27-40-530 |
Disclosures a South Carolina lease must carry
Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.
Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
If things go wrong in South Carolina
Where eviction is filed
Magistrate Court, as an ejectment.
Governing law
South Carolina Residential Landlord and Tenant Act, cited from the South Carolina Code of Laws.
Never self-help
Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.
South Carolina lease questions, answered
- How much can a landlord charge for a security deposit in South Carolina?
- South Carolina sets no statutory cap on the security deposit amount. The deposit must be accounted for within 30 days after the tenancy ends (S.C. Code § 27-40-410).
- Is there a limit on late fees in South Carolina?
- South Carolina sets no statutory late-fee cap; the fee must be stated in the lease.
- How much notice must a landlord give before entering a rental in South Carolina?
- Landlord must give at least 24 hours' notice before entering, except in an emergency. (S.C. Code § 27-40-530)
- How do you end a month-to-month tenancy in South Carolina?
- Either party must give at least 30 days' written notice to end a month-to-month tenancy. (S.C. Code § 27-40-770)
- What happens if a tenant does not pay rent in South Carolina?
- Tenant has 5 days to pay rent or vacate before the landlord may file for possession. (S.C. Code § 27-40-710) The case is filed as an ejectment in Magistrate Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
- Does a residential lease have to be in writing in South Carolina?
- A written lease is not always legally required, but it is what makes the terms enforceable and provable. South Carolina tenancies are governed by the South Carolina Residential Landlord and Tenant Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to South Carolina with the statutory citations printed in it.
Build a South Carolina lease with these rules already in it.
Answer questions in plain English. Landy writes the South Carolina lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.
Lease laws in other states
- Alabama
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- District of Columbia
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- South Dakota
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- Texas
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- Virginia
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- West Virginia
- Wisconsin
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This page summarizes South Carolina law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed South Carolina attorney review your lease before you rely on it.