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South Carolina law requires specific provisions in rental agreements that shields both lessor and lessee. 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 LimitNo statutory limit on security deposit amount
Deposit Return Deadline30 days
Deposit Interest Required Not required
Late Fee CapNo statutory cap
Grace PeriodNo statutory grace period
Landlord Notice (Month-to-Month)30 days written notice by either party (SC Code § 27-40-770)
Tenant Notice (Month-to-Month)30 days
Entry Notice24 hours advance notice required (SC Code § 27-40-530); entry must be at reasonable times
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
What to Include in a South Carolina Sublease Agreement
Every Sublease Agreement in South Carolina should include the following important provisions: identification of the property owner and renter, 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 Sublease Agreement
To complete a Sublease 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 Sublease 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.
Do you need your landlord's permission to sublease in South Carolina?
In most cases, yes. Most leases in South Carolina require written landlord consent before subleasing. Subleasing without permission can be grounds for eviction. The original tenant (sublessor) remains liable to the landlord for rent and damages even after subleasing - the subtenant's obligations run to the sublessor, not directly to the landlord.
What is the difference between a sublease and an assignment in South Carolina?
In a sublease, the original tenant retains some interest in the lease (e.g., they plan to return) and a new person moves in temporarily. In a lease assignment, the original tenant transfers all rights and obligations to a new tenant permanently. Both typically require landlord approval in South Carolina. A sublease agreement protects the original tenant if the subtenant fails to pay rent or damages the property.
How much notice is required to terminate a lease in South Carolina?
For month-to-month tenancies, South Carolina requires landlords to give 30 days written notice by either party (SC Code § 27-40-770) notice and tenants to give 30 days notice. Fixed-term leases end on the agreed date without additional notice unless the lease says otherwise.
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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