A South Carolina lease agreement is a written contract between a landlord and a tenant for a residential rental property. It sets the rent, the length of the tenancy, and the rules both sides agree to follow. South Carolina governs these agreements under the Residential Landlord and Tenant Act, Title 27, Chapter 40 of the state code. That act sets rules for security deposits, notice periods, and the landlord's right to enter the property. Build and download a free South Carolina lease agreement using the document builder below.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current South Carolina law. If you notice an error or outdated information, please contact us.
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South Carolina's Residential Landlord and Tenant Act, found in Title 27, Chapter 40 of the state code, sets the rules a lease agreement must follow. It covers security deposits, the landlord's right to enter the rental unit, required disclosures, notice periods for ending a tenancy, and the remedies available when either side breaches the agreement.
A South Carolina lease agreement is also called a rental agreement or a residential lease. Whichever name is used, it is the same document under state law.
Under Section 27-40-410 of the South Carolina Code, the tenancy must end, the tenant must deliver possession, and the tenant must demand the deposit back before the clock starts. Once all three happen, the landlord has thirty days to send a written, itemized notice of any deductions and return what remains.[1.1]
If the landlord misses that window or does not return the money owed, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney's fees.[1.1]
Under Section 27-40-530 of the South Carolina Code, the landlord must give the tenant at least twenty-four hours notice before entering the rental unit and may only enter at reasonable times.[1.3]
The landlord may enter without the tenant’s consent at any time in an emergency, and a sudden change in weather that threatens the property can count as one. Outside of an emergency, the landlord may enter between 9 a.m. and 6 p.m. to perform regularly scheduled services, such as changing air filters or providing pest treatment. This right applies only if the lease states it in writing and the landlord announces the visit first.[1.3]
For a service the tenant requests instead, the landlord may enter between 8 a.m. and 8 p.m. after announcing the visit first.[1.3]
Tenants may not change the locks on the rental unit without the landlord’s permission.[1.3]
Common mistake: tenants sometimes change the locks on move-in day for extra security. Under South Carolina law, a tenant may not do this without the landlord's written permission.
Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times.
Under Section 27-40-530, the tenant may not unreasonably refuse the landlord entry to inspect the unit, make needed or agreed repairs or improvements, supply agreed services, or show it to prospective buyers, tenants, or contractors.[1.11]
South Carolina requires a lease-specific disclosure under Section 27-40-420. At or before the tenancy begins, the landlord must give the tenant, in writing, the name and address of the property's owner or of whoever is authorized to act on the owner’s behalf. This includes whoever is authorized to receive legal notices on the owner’s behalf.[1.2]
Under Section 27-40-410(c), a landlord who rents more than four adjoining units and uses different standards to calculate deposits for different tenants must, before the lease is made, post those standards in a conspicuous place or give each prospective tenant a written statement of them.[1.12]
For housing built before 1978, federal law (42 U.S.C. § 4852d) also requires landlords to disclose known lead-based paint hazards and give the tenant the EPA lead pamphlet.[2.1]
No single rental agreement fits every deal, since rental properties and their uses vary. South Carolina landlords and tenants use several types of lease, including:
Each type serves a different purpose, so choose the template that matches your situation. Before signing any lease, read the full document, or use our chat with PDF tool to help you understand a long or unfamiliar agreement.
Under Section 27-40-770, a month-to-month tenancy in South Carolina ends when either the landlord or the tenant gives the other written notice at least thirty days before the termination date stated in the notice. A week-to-week tenancy works the same way, except the notice period is at least seven days.[1.9] Count either notice period with our deadline calculator.
Under Section 27-40-710, if rent is not paid when due, the tenant has five days to pay before the landlord can act. The landlord must first send written notice of the nonpayment and of the intent to end the rental agreement if the rent stays unpaid through that period.[1.7]
For any other material breach of the lease, the landlord may send written notice describing the problem. The notice can state that the agreement ends at least fourteen days after the tenant receives it, unless the tenant fixes the problem first.[1.7] The tenant has the same right when the landlord is the one who breaches the lease, with the same fourteen-day cure period.[1.4]
Under Section 27-40-660, if a landlord unlawfully removes or locks out a tenant, or intentionally cuts off essential services such as water or electricity, the tenant can recover possession of the unit or end the lease. Either way, the tenant may also recover the greater of three months' rent or twice the actual damages, plus reasonable attorney’s fees.[1.6]
Section 27-40-910 protects tenants from retaliation. A tenant who wants to raise retaliation as a defense in an eviction case must notify the landlord in writing within ten days after being served the rule to vacate or show cause.[1.10]
A landlord who retaliates against a tenant for a protected complaint can be liable for up to three months' rent, or triple the tenant's actual damages, whichever is greater, plus attorney's fees. If the retaliation takes the form of refusing to renew the lease, and the tenant is current on rent, the landlord cannot recover possession of the unit for seventy-five days.[1.10]
Under Section 27-40-730, South Carolina law treats a tenant's unexplained absence from the unit for fifteen days after a missed rent payment as abandonment. This also applies when the tenancy has ended and the tenant left behind personal property worth five hundred dollars or less. In that case, the landlord may enter, using forcible entry if necessary, and dispose of the property.[1.8]
A tenant who must immediately leave because fire or another casualty has made the unit unlivable can end the lease. To do so, the tenant notifies the landlord in writing within seven days after leaving, and the lease then ends on the date the tenant vacated.[1.5]
| Document Name | South Carolina Rental Lease Agreement Form |
| Other Names | SC Rental Lease, South Carolina Residential Lease Agreement |
| Relevant Laws | South Carolina Code of Laws, Title 27, Chapter 40 |
| Security Deposit Amount | Set by the lease agreement |
| Security Deposit Return | Within 30 days after the later of lease end, possession returned, or tenant’s demand |
| Avg. Time to Fill Out | 18 minutes |
| # of Fillable Fields | 119 |
| Available Formats | Adobe PDF, Word (.docx), OpenDocument (.odt) |
South Carolina renters and landlords most often ask about deposit deadlines, late rent, and early termination. Each answer below comes from the Residential Landlord and Tenant Act, Title 27, Chapter 40 of the South Carolina Code, with the exact section cited so you can read the statute yourself.
The landlord has thirty days to return the deposit, counted from whichever happens last: the tenancy ending, the tenant returning possession of the unit, or the tenant asking for the deposit back. Any deductions must be itemized in a written notice sent within that same thirty-day window.[1.1]
Rent becomes late the day after its due date, but the tenant has five more days to pay before the landlord can act. If the rent is still unpaid after those five days, the landlord may send written notice of the nonpayment and the intent to end the lease.[1.7]
Generally, a fixed-term lease runs its full length. Two situations let a tenant end a South Carolina lease early:
Other Rental Lease Agreement Forms by State
General information, not legal or tax advice.
