South Carolina Rental Lease Agreement Forms

Concluding a deal that assumes leasing real property in the United States involves completing and signing several documents. One of them is a rental (or lease) agreement, a vital document that two parties have to accept and sign prior to a tenant moving into the rented property.

A tenant (or a renter) is someone who temporarily receives space for rent. The one who owns space is called a landlord (or an owner). It is important to know that the parties of the lease deal can be either entities or individuals.

The importance of a rental agreement is undeniable; this agreement contains key conditions of rent. Besides the details about both parties (usually names and contact details), a lease agreement reveals the rental price, the features and basic description of the rented property, the rules of the lease, and other information.

If you are concluding a leasing deal in South Carolina and looking for a relevant rental agreement template, you may use our form building software to download this form.

South Carolina Laws and Lease Requirements

In the United States, there is no unitary form of a rental agreement because every state has different laws, and the form varies from state to state, too. In South Carolina, most of the laws regarding leasing and relations between parties are included in Title 27, Chapter 40 of the local Code of Laws. This section is also called the “Residential Landlord and Tenant Act.”

Security Deposit Requirements

Article 3 of Chapter 40 of the Code of Laws begins with Section 27-40-410, which explains the rules about security deposits in South Carolina. According to this Section, the owner has 30 days to give the security deposit back to the renter from the day the contract ends.

It is typical to include the information about the maximum deposit in the laws, but in South Carolina, it is not regulated. The owner may decide the amount they wish to receive as the deposit.

Owner’s Access

Section 27-40-530 regulates the ability of the owner to access the rented space. The first statement written in this section prescribes that the renter cannot disagree with the owner’s wish to improve or show the property to someone and should not impede the owner’s access.

In general, the owner has to give the tenant a 24-hour notice about the visit. The owner has to come in specific hours during the morning and the day. If there are risks of emergency, the owner may access the premises without any notice.

Required Disclosures

When two parties conclude a leasing deal, it is necessary not only to sign a lease agreement but also to provide some disclosures. Some of them are mandatory while others are optional. The list of needed disclosures in South Carolina consists of the following items:

  • Lead-based paint disclosure.

This is a typical disclosure that accompanies a rental deal in the majority of American states. It is required for buildings that were constructed before 1978. The reason for notifying tenants about this is that the paint used for the decoration of such buildings may contain traces of lead.

  • Unequal deposits disclosure.

This disclosure is needed when the landlord owns over four neighboring units and suggests different deposit conditions for different renters.

  • Agent or landlord disclosure.

Before or at the beginning of the renting process, the tenant should receive information about the landlord and their agent or any other person that can act on the landlord’s behalf.

Common Rental Agreement Types in South Carolina

As we have seen above, no rental agreement form can fit all rental deals. Because there are many types of rental property, rental agreement forms are also designed for different purposes.

There are at least eight types of lease agreement that you may use for your rental deals in South Carolina. Among them are:

  • the Association of realtors form
  • a commercial rental agreement, which is not used for apartments or houses where people live
  • room lease agreement
  • agreement of lease with options to buy the rented space

Every type of agreement has its features and purposes. Therefore, you have to pay attention to the template you use when completing such an agreement.

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Published: Dec 16, 2020