South Carolina (SC) is regarded as the best place when it comes to investing in the US real estate market. The rental industry in SC offers lucrative investment opportunities.
Families can enjoy rental homes in any of South Carolina’s cities such as Columbia, Greenville, Charleston, and others. If you are searching for a rental property in SC, make sure you know what is included in the SC rental agreement.
What Is a South Carolina Lease Agreement?
South Carolina rental lease agreement is a written legal document that binds landlord and tenant typically for about 1 year in exchange for rental payment.
This agreement is solely governed by SC landlord and tenant laws. SC rental agreement is fundamentally a legal contract that outlines terms and conditions regarding the use of the rental property. Besides, this document also states the rules and responsibilities for both landlords and tenants.
South Carolina rental agreement permits the tenant to use the rental premise from the beginning until terms end and as long as rental payments are paid on time. Both parties are strictly advised to comply with the terms and laws of SC rental agreement.
Moreover, all tenants are recommended to carefully review the entire agreement, its terms, sections, and requirements. It is essential to be certain about the entire lease agreement SC. In case, the tenant is unsure about its terms, he/she may consult with an attorney.
South Carolina Landlord and Tenant Laws
Both parties must be able to handle legal questions and issues pertaining to rental property. For this, landlords and tenants must understand and follow the SC landlord-tenant laws. The following are the key landlord and tenant laws.
Landlords must disclose information to tenants regarding the identity of an authorized person who will act on behalf of the landlord. In addition, information about the security deposit, non-refundable fee, and existing damage to the rental premises should be disclosed.
Under SC laws, there is no limit on how much a landlord should charge a tenant for a security deposit. However, security deposits must be returned to tenants within 30 days after they move.
Small Claim Lawsuits
Tenants can exercise their right to sue landlords in SC magistrate courts to return security deposits of the amount up to $7,500.
SC state laws also regulate rent-related issues like how much time should be given to the tenant to pay overdue rent, their grace period, late fees, etc.
Termination and Eviction Rules
The landlord can give unconditional quit notice to the tenant for carrying out illegal activities on rental property. The landlord can also file an eviction in case the tenant refuses to move out of rental premises.
Tenants may exercise their right to ‘repair and deduct’ as well as they can withhold rent in case the landlord fails to manage important repairs.
Access to Rental Property
Under SC laws, the landlord must provide 1-day prior notice to enter into the premise of the tenant.
Protection against Retaliation
Tenants may retaliate against the landlord for unsafe living conditions at a rental property.
South Carolina Lease Disclosures & Addendums
There are some disclosures and addendums that are required for SC lease agreements.
Landlord’s Name & Address
The landlord must provide their personal information to tenants. They should also provide the name and address of another authorized person who will act on behalf of the landlord. It is also necessary so that future demands and legal notices could be sent to landlords.
Security Deposit Inequality Disclosure
This disclosure is applicable for rental properties that have two or more adjoining units that charge different security deposits. Of note, security deposits should be of the same amount for all rental units in the same building.
Lead-Based Paint Disclosure
Landlords must disclose information to tenants about buildings that were built before 1978. The risks that might be posed by lead-based paint must be disclosed in SC rental lease agreement.
The landlord must fill out the form of lead-based paint disclosure and attach it with SC rental agreement. Moreover, the landlord must provide information about the dangers of lead-based paint.
Optional Disclosures & Addendums
There are some other disclosures and addendums that are optional and are not required by SC laws in SC lease agreement. These disclosures facilitate landlords to reduce future rent-related conflicts and legal liabilities.
Medical Marijuana Use
Landlords are recommended to tell tenants about the places where they can use medical marijuana. Moreover, they can also restrict the non-smoking methods of using marijuana.
Landlords should provide tenants with an itemized list of property damages before they move-in to the rental premise. This is necessary to ensure that tenants are responsible for damages to the property during lease terms.
Late and Returned Check Fees
Landlords should also disclose information in SC rental agreement about late rental payment and returned checks. Late fees should not exceed over 10% of the total rent. Moreover, the due date for rent should be dictated in the SC lease agreement.
Shared Utilities Arrangements
Landlords are recommended to disclose the information about shared utilities. For example, how utilities will be shared between parties, how the bill will be calculated. It is crucial so that tenants may have a reasonable expectation about their monthly rent.
Bed Bug Disclosure
Landlords should disclose information about bed bug infestation on rental property. They may also provide information and current status of bed bugs to handle future infestation.
Rental property that was built before 1981 is at a high risk of asbestos. Landlords are recommended to disclose information to tenants about the current status of asbestos on rental property.
If there is any mold damage on the rental property, landlords are recommended to disclose information about mold status to tenants. This disclosure may prevent a landlord from future liabilities.
South Carolina rental lease agreement helps both landlords and tenants to avoid rent-related conflicts in a legal manner. This legal contract requires both parties to adhere to SC landlord-tenant laws to deal with issues related to rental property.
If you want to lease residential property or invest in SC rental market, you can grab free SC rental lease agreement templates from our website CocoSign. You can also find many other templates for different types of legal agreements on CocoSign.
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