South Carolina Lease Agreement Laws: What You Need to Know

Leasing property in South Carolina can be a great opportunity for both tenants and landlords. However, it’s important to understand the laws and regulations that govern lease agreements in the state. Here are some key things to keep in mind.

1. Written Lease Agreements

In South Carolina, lease agreements for residential properties with a term of more than one year must be in writing. Additionally, written leases should include information such as the amount of rent, the security deposit amount, the duration of the lease, and any late fees or penalties.

2. Rental Deposits

South Carolina law allows landlords to require a security deposit from tenants when leasing a property. The tenant`s security deposit should not exceed the cost of two months’ rent. Additionally, landlords are required to return the security deposit within 30 days of the end of the lease agreement, unless the tenant has broken any terms of the lease or caused any damage to the property.

3. Notice Periods

Under South Carolina law, landlords must provide tenants with a written notice period before they can terminate a lease agreement. The length of the notice period depends on the reason for termination: 30 days for month-to-month leases and 60 days for fixed-term leases.

4. Rent Increase Notifications

Landlords in South Carolina must provide tenants with at least 30 days’ notice before increasing the rent. However, if the lease agreement specifies a rent increase, the landlord does not need to provide a separate notice.

5. Eviction Process

If a tenant violates the terms of the lease, a landlord may initiate a legal eviction process. In South Carolina, landlords must provide tenants with a written notice to vacate before initiating an eviction. If the tenant does not vacate the property, the landlord can file a case with the magistrate court, and if successful, obtain an eviction order.

6. Tenant Rights

South Carolina law provides tenants with specific rights, including the right to safe and habitable housing, the right to privacy, and protection from discrimination. Additionally, tenants have the right to request repairs from their landlords. If the landlord does not handle a repair request within 14 days, tenants can pay for the repair themselves and deduct the cost from their rent.

In conclusion, understanding South Carolina’s lease agreement laws is critical for both landlords and tenants. Knowing your rights and responsibilities can help you avoid complications and legal disputes. If you have any questions or concerns about leasing in South Carolina, it’s best to consult with a qualified attorney.