South Carolina Rental Agreement Templates

South Carolina Rental Agreement

South Carolina lease agreements are intended for property owners to rent a property to a tenant for rental payments. Lease terms generally last for twelve (12) months but may be shorter if the property is rented on a monthly or weekly basis. The terms are usually agreed upon after the parties have reviewed an application. The form becomes a legal contract after the tenant and landlord have provided their signatures.

 

South Carolina Residential Lease Agreement

The South Carolina residential lease agreement (“rental agreement”) is used to formalize an agreement between a landlord and tenant to rent real property in exchange for a fee. Governed by South Carolina landlord-tenant law, the contract includes terms and conditions outlining the responsibilities of each party. 

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South Carolina Month-to-Month Rental Agreement

A South Carolina month-to-month lease agreement is between a landlord and tenant for the renting of a property that can be terminated with 30 days’ notice. There is no expiration date to the lease and the contract renews every month upon payment by the tenant. Otherwise, a month-to-month lease agreement must follow all the landlord-tenant laws in the State (Title 27, Chapter 40 – Residential Landlord-Tenant Act).

It is recommended that, before the contract is signed, the landlord verify the tenant’s credentials with the rental application in an effort to avoid any type of eviction in the future.

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South Carolina Rental Application Form

The South Carolina rental application form allows a landlord to access background information about a prospective tenant. Credit, criminal, and rental history information can help a landlord decide who to rent to, and which tenant is most likely to honor a lease agreement. 

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South Carolina Roommate Agreement

South Carolina roommate agreement promotes a level of both organization and communication when used properly. This template form should be filled out after the roommates entering the agreement have discussed the terms and reached a point of mutual agreement. Those discussed terms should be entered directly onto this form, reviewed by all signing roommates, and signed by all the roommates living in the shared residence. Ultimately, this provides each individual with the reference material necessary to fully adhere to the agreement made.

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South Carolina Commercial Lease Agreement 

A South Carolina commercial lease agreement is used by property owners seeking to lease industrial, retail, or office space to a business. The standard term is anywhere between two (2) to five (5) years. There are three (3) types of commercial lease agreements:

  • Triple Net (NNN) – This type of contract makes the tenant agree to pay an amount every month as well as their share of the expenses on the property such as real estate taxes, insurance, CAM’s (Common Area Maintenance), as well as any other local taxes or fees. This type of arrangement is popular with larger corporations.
  • Gross – The tenant is only required to pay a one sum amount every month and the landlord takes the task of paying the expenses related to the property.
  • Modified Gross – In addition to being required to pay an amount every month, the tenant must also make certain additional payments for utilities and other expenses as specified in the lease.

The landlord may want to check the individual’s credit to make sure that he or she has the financial stability to make the business work and to pay rent on time. There is a personal guaranty on the last page of the contract that the tenant should sign so that if the entity fails, the landlord is still paid. Usually, there are thousands of dollars invested by the property owner to fit the space to the tenant’s liking. Therefore, the landlord should have assurances that they will not encounter financial loss due to making an agreement.

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South Carolina Disclosures

Agent/Landlord Information (§ 27-40-420) – Any person allowed onto the property must be stated prior to or at lease signing along with the owner/manager’s name and address for legal notices.

Lead-Based Paint Disclosure – All residences that were constructed prior to 1978 are eligible to have lead paint in them and therefore the landlord must notify all new tenants.

Unequal Deposits (§ 27-40-410) – If the landlord owns more than four (4) adjoining dwelling units and imposes different security deposit amounts for different criteria of individuals, the rules for setting this amount must be listed in a conspicuous place by the landlord or listed in the rental contract.

South Carolina Security Deposits

Maximum – There is no State cap. The landlord may charge as much as they deem necessary.

Returning (§ 27-40-410) – Thirty (30) days from the termination date and the premises have been returned to the landlord.

These resources are for informational purposes only and should not be construed as legal advice. Landlords and Tenants are encouraged to seek specific legal advice for any of the issues as found in this blog.

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