Create a South Carolina Month to Month Lease Agreement with our customizable template!
A South Carolina month-to-month lease agreement is a short-term rental agreement between the landlord and the tenant. The arrangement renews at the beginning of each month. Although it is technically a short-term rental agreement between the parties, they can also choose to make the month-to-month tenancy last for as long as they would like.
The South Carolina landlord-tenant laws should be followed when the lease is drafted. A month-to-month lease agreement should address the same important clauses that are found in a 12-month rental agreement. These clauses are known as the terms of the rental agreement. The terms generally include:
The Residential Landlord and Tenant Act is located in the South Carolina Code of Laws Title 27, Chapter 40. According to § 27-40-410, the security deposit must be returned within 30 days of the tenant leaving the property if the landlord has a forwarding address. If the landlord does not have a forwarding address, the landlord may not be required to provide the tenant with their security deposit. The landlord has the legal right to withhold some of the funds of the security deposit to repair the rental property or for nonpayment of rent. If this occurs, the landlord must provide the renter with an itemized statement along with the remainder of the security deposit.
Landlords and property managers should make it a point to understand the Landlord Tenant Act and know which disclosures, such as the lead paint disclosure, they must provide when renting out real estate to a prospective tenant. Understanding the state laws as well as what you can do if the tenant fails to uphold their responsibilities in the residential lease agreement can help you know when to seek legal advice.
Under § 27-40-770, if a tenant or landlord wishes to provide a written notice for lease termination, it must provide a 30-days' notice. Including the termination date in the written notice is key.
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