Most Commonly Used South Carolina Lease Agreements
The most commonly used South Carolina rental agreements are a standard one year residential lease agreement, a month-to-month lease, a roommate agreement, a sublease agreement, a lease with an option to buy agreement, and a commercial lease agreement.
The most commonly used South Carolina lease agreements use the same elements. However, they still have some distinctions. Here are a couple of examples.
- A roommate agreement is a type of residential lease. It has all of the elements found in a residential lease, but it also explains which areas of the rental are for the exclusive use of the roommate and which areas are for use by all of the occupants.
- A standard residential lease agreement is generally written for a term of one year. When the year ends, the lease may convert to a month-to-month lease or it may renew for another year. A one year standard residential lease agreement and a month-to-month lease agreement are similar in many ways. One of the most common similarities is the reliance on the requirement of a 30-day written notice to move out at the end of the agreement if either party does not plan to renew the lease when it ends.
How to Write a South Carolina Lease Agreement
South Carolina lease agreements must comply with the state’s landlord-tenant laws or they cannot be enforced by the court system. THere are many other laws that must also be considered. You’ll learn about some of those under the sections related to disclosures and security deposits.
Before signing a South Carolina lease agreement, read the terms carefully or have the document reviewed by an attorney.
A South Carolina lease agreement should include:
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Names of the Parties - This includes the landlord’s full name or the legal name of the property management company and the legal name of the tenant(s).
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Property Address - This is the full street address for the rental property, including the city, zip code, and, if there is one, the unit number or lot number.
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Term Information - This is the type of lease agreement the parties agree to enter into together. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the property for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date the lease ends.
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Rental Amount - This section includes the date the lease begins, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent isn’t paid by a certain date.
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Security Deposit - This is the amount of money the tenant must pay in advance before they can take control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This includes the amount of the first month’s rent, the security deposit, and the total amount of the two numbers added together.
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Occupants - This section includes the full name of each tenant even if they are a minor or they are not signing the lease. This part of a South Carolina residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they may install (such as a washing machine or dishwasher) and what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their full mailing address. This contact information is used if the parties need to send out a notice to the other party.
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Eviction - This informs tenants how eviction would be carried out in the event of nonpayment of rent or a breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to that aren’t included in any other section of the lease.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a South Carolina Lease Agreement?
The landlord must make certain disclosures in South Carolina lease agreements:
What You Need to Know About South Carolina Lease Agreement Deposits
Under South Carolina state law, there’s no limit on what a landlord may charge as a security deposit. The deposit must be returned to the landlord 30 days after the end of the lease.
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