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South Carolina Month-to-Month Rental Agreement

Create South Carolina Month-to-Month Rental Agreement

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Prepare a legally valid Month-to-Month Rental Agreement for South Carolina that features all required disclosures and clauses under South Carolina landlord-tenant law. Fill in your details and download your completed, ready-to-sign Month-to-Month Rental Agreement as a professional PDF for $7.99.

South Carolina law requires specific provisions in rental agreements that protects both property owner and renter. While South Carolina does not impose a statutory cap on security deposits, landlords must return deposits within 30 days. South Carolina requires 6 specific disclosures in lease agreements.

South Carolina Lease Requirements

Security Deposit Limit No statutory limit on security deposit amount
Deposit Return Deadline 30 days
Deposit Interest Required Not required
Late Fee Cap No statutory cap
Grace Period No statutory grace period
Landlord Notice (Month-to-Month) 30 days Either party may terminate under S.C. Code § 27-40-770.
Tenant Notice (Month-to-Month) 30 days
Entry Notice 24 hours advance notice required (SC Code § 27-40-530); entry must be at reasonable times
Key Statute South Carolina Residential Landlord and Tenant Act, SC Code §§ 27-40-10 through 27-40-940
Required Disclosures Lead-based paint disclosure (federal law, pre-1978 housing); Owner or authorized agent name and address for receiving notices and rent (SC Code § 27-40-420); Move-in condition checklist, landlord must provide and tenant has opportunity to note pre-existing defects; signed checklist is evidence of unit condition at move-in (SC Code § 27-40-410); Utility arrangement disclosure if tenant pays for any shared utilities or master-metered services; Disclosure of known material defects or conditions affecting habitability; Fire and carbon monoxide detector disclosure, status of detectors at the time of move-in

South Carolina Month-to-Month Rental Agreement Checklist

Print this or save it as a PDF to use when preparing and signing the agreement.

Before you sign

  • Both parties read the entire agreement before signing.
  • Walk through the unit and document any existing damage in writing.
  • Confirm the move-in date and key handover arrangements.
  • Verify the security deposit amount and accepted payment method.

South Carolina rules to know

  • Landlord must return the deposit within 30 days of move-out.
  • Landlord must give 24 hours advance notice required (SC Code § 27-40-530); entry must be at reasonable times before entering the unit.
  • To end a month-to-month tenancy, the landlord must give 30 days written notice.
  • To end a month-to-month tenancy, the tenant must give 30 days written notice.
  • Required disclosures: Lead-based paint disclosure (federal law, pre-1978 housing); Owner or authorized agent name and address for receiving notices and rent (SC Code § 27-40-420); Move-in condition checklist, landlord must provide and tenant has opportunity to note pre-existing defects; signed checklist is evidence of unit condition at move-in (SC Code § 27-40-410); Utility arrangement disclosure if tenant pays for any shared utilities or master-metered services.

In the agreement itself

  • Full legal names of all landlords and tenants.
  • Complete property address, including unit number.
  • Lease term: start date, end date (or ongoing month-to-month renewal terms).
  • Monthly rent amount and the due date.
  • Security deposit amount and the conditions for deductions.
  • Late fee amount and the grace period, if any.
  • Pet policy, smoking policy, and guest policy.
  • Utility responsibilities (which party pays each utility).
  • Signatures of all parties.

Both parties should keep a signed copy. South Carolina landlord-tenant law governs this agreement (South Carolina Residential Landlord and Tenant Act, SC Code §§ 27-40-10 through 27-40-940).

What to Include in a South Carolina Month-to-Month Rental Agreement

Every Month-to-Month Rental Agreement in South Carolina should include the following necessary provisions: identification of the landlord and tenant, a complete description of the rental property, the lease term and rent amount, security deposit terms including the amount and return deadline (30 days in South Carolina), late fee policies that comply with state limits, utility responsibilities, rules regarding pets, smoking, and occupancy limits, maintenance and repair obligations, right of entry provisions, termination and renewal terms, and all state-required disclosures.

South Carolina law requires landlords to disclose lead-based paint disclosure, owner or authorized agent name and address for receiving notices and rent, move-in condition checklist, landlord must provide and tenant has opportunity to note pre-existing defects; signed checklist is evidence of unit condition at move-in, utility arrangement disclosure if tenant pays for any shared utilities or master-metered services, disclosure of known material defects or conditions affecting habitability. Landlord must return security deposit within 30 days of lease termination with itemized written statement of deductions (SC Code § 27-40-410).

How to Complete a South Carolina Month-to-Month Rental Agreement

To complete a Month-to-Month Rental Agreement in South Carolina, start by gathering the necessary information: full legal names and addresses of all parties, the complete property address, the agreed-upon rent amount and payment terms, and the security deposit amount. You will also need to decide on house rules such as pet policies, smoking restrictions, and quiet hours.

Our platform walks you through each section with a guided form that only shows fields required for South Carolina. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Month-to-Month Rental Agreement as a PDF.

Frequently Asked Questions

What is the maximum security deposit in South Carolina?
South Carolina does not impose a statutory cap on security deposits. Landlords must return the deposit within 30 days after move-out, minus lawful deductions.
Can a landlord charge a late fee in South Carolina?
Yes. South Carolina has no statutory cap on late fees, but they must be reasonable. Late fee terms must be clearly stated in the lease.
How much notice must a landlord give before entering a rental in South Carolina?
South Carolina requires landlords to give 24 hours advance notice required (SC Code § 27-40-530); entry must be at reasonable times before entering a rental unit for non-emergency purposes. Entry without proper notice may violate tenant rights under South Carolina landlord-tenant law. Emergency situations such as fire or flood allow immediate entry without advance notice.
How do you terminate a month-to-month rental in South Carolina?
In South Carolina, landlords must give 30 days written notice to terminate a month-to-month tenancy, and tenants must give 30 days written notice. Either party may terminate under S.C. Code § 27-40-770. Notice should be delivered in person or by certified mail so delivery can be proven. Either party can terminate without cause unless local rent control rules apply.
What is the difference between a month-to-month and a fixed-term lease in South Carolina?
A fixed-term lease runs for a set period (usually 12 months) and cannot be ended early without cause or mutual agreement. A month-to-month agreement renews automatically each month and can be ended by either party with proper notice. In South Carolina, that means 30 days from the landlord and 30 days from the tenant. Month-to-month agreements offer more flexibility but less security for both parties.
Is a written lease agreement required in South Carolina?
South Carolina does not require written leases for all tenancies, but oral agreements are harder to enforce and provide less protection. Written leases are required for tenancies exceeding one year under the Statute of Frauds. A written Month-to-Month Rental Agreement clearly documents rent, security deposit terms, house rules, and each party's obligations - reducing disputes significantly.
What does South Carolina's Residential Landlord and Tenant Act require?
South Carolina's RLTA requires landlords to maintain habitable premises, provide at least 24 hours notice before entry, and return security deposits within 30 days of move-out with an itemized statement. Security deposits are not capped by state law. Late fees must be stated in the lease and cannot be charged until the rent is 5 days late. South Carolina has no statewide rent control and local rent control is not permitted.

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