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Free South Carolina Co-Signer
Guarantor Agreement Template

The guarantor (co-signer), the landlord the guaranty is given to, and the tenant whose lease it backs.

Last reviewed September 2026

Written by LawLease Editorial

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South Carolina Co-Signer Guarantor Agreement

This Co-Signer Guarantor Agreement is built with South Carolina as the governing state. These are the South Carolina landlord-tenant rules that most often bear on it, with the statute for each.

South Carolina rules at a glance

South Carolina rules for a Co-Signer Guarantor Agreement
Security deposit limitNo statutory capS.C. Code §27-40-410
Deposit return30 days after the later of termination, delivery of possession, or the tenant’s demandS.C. Code §27-40-410(a)
Deposit standardsLandlords with more than four adjoining units who vary deposits between tenants must disclose the standards used (§27-40-410(c)).
Late feesNo statutory cap; late charges count as “rent” under the ActS.C. Code §27-40-210
Nonpayment eviction notice5 days — can be given once in the lease itselfS.C. Code §27-40-710(B)
Nonpayment of rentIf rent isn’t paid within 5 days of the due date, the landlord may terminate after written notice. That notice can be given once per lease — and it’s satisfied entirely by a conspicuous clause in the lease: “IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.” (§27-40-710(B)).

Security deposits in South Carolina

South Carolina puts no limit on the amount of a security deposit. The Act regulates how deductions are made and how quickly the money comes back (S.C. Code §27-40-410).

  • 30-day deadline — Any deduction must be itemized in a written notice sent with the balance due within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later (§27-40-410(a)).
  • Allowed deductions — Accrued rent, and damages the landlord suffers because the tenant failed to maintain the unit as §27-40-510 requires (§27-40-410(a)).
  • Forwarding address — The tenant must give a forwarding address in writing. A tenant who doesn’t can’t collect damages if the landlord had no notice of their whereabouts and mailed the notice and refund to the last known address (§27-40-410(a)).
  • Treble damages — A landlord who fails to return a deposit or prepaid rent as required can owe three times the amount wrongfully withheld, plus reasonable attorney’s fees (§27-40-410(b)).
  • Larger complexes — A landlord renting more than four adjoining units who uses different deposit standards for different tenants must post or hand out a statement of those standards before signing (§27-40-410(c)).

Rent, late fees & rent increases

Rent is payable without demand or notice at the time and place agreed. Unless the tenant is told otherwise in writing, it’s payable at the unit, at the start of any term of one month or less, and otherwise in equal monthly installments at the start of each month (S.C. Code §27-40-310(c)).

  • Late fees — South Carolina has no late-fee cap or mandatory grace period. The Act defines “rent” to include late charges (§27-40-210), so an unpaid late fee stated in the lease can be part of the rent owed — but a court can refuse to enforce a term it finds unconscionable (§27-40-230).
  • Rent increases — No statute sets a notice period for increases. A fixed-term lease can’t be changed mid-term without agreement; for month-to-month tenancies, give at least the 30 days’ written notice needed to end the tenancy (§27-40-770(b)).
  • Rent control — No county or city may enact or enforce any ordinance regulating the amount of rent for private residential property (§27-39-60).
  • Retaliatory increases — A landlord can’t raise rent above fair-market value to retaliate for a code complaint or a complaint about a violation of the Act (§27-40-910).

Ending a South Carolina tenancy

Notice to end a South Carolina periodic tenancy (S.C. Code §27-40-770)
Week-to-week7 days
Month-to-month30 days
  • Nonpayment of rent — If rent isn’t paid within 5 days of the due date, the landlord may terminate after written notice. That notice can be given once per lease — and it’s satisfied entirely by a conspicuous clause in the lease: “IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.” (§27-40-710(B)).
  • Lease violations — For other material noncompliance, a written notice specifying the breach and giving the tenant 14 days to remedy it before the lease terminates (§27-40-710(A)).
  • Holdover — A bad-faith holdover lets the landlord recover attorney’s fees; a willful one, up to three months’ rent or twice actual damages, whichever is greater (§27-40-770(c)).
  • Military — Servicemembers with qualifying orders may terminate early under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955).
  • Domestic abuse by a cotenant — Under Act 184 of 2026, a tenant who is a victim of domestic abuse by a cotenant on the same lease may end their future obligations under the lease by written notice, backed by a restraining order, protection order or conviction, within 60 days of the incident. Termination takes effect at least 30 days after the landlord receives the notice; the tenant owes rent through that date and any damage they caused, but no early-termination penalties or fees (§27-40-350).

Required disclosures in South Carolina

South Carolina has no statewide mold, bedbug or radon disclosure requirement for ordinary residential leases.

  • Owner / agent identity — At or before the start of the tenancy, the name and address of an owner or authorized agent for service of process and notices, kept current (S.C. Code §27-40-420).
  • Deposit standards — Landlords with more than four adjoining units who vary deposits between tenants must disclose the standards used (§27-40-410(c)).
  • Scheduled-service entry — If you want the right to enter for regular services without 24 hours’ notice, it must be conspicuously written into the lease (§27-40-530(b)(2)).
  • Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

South Carolina Co-Signer Guarantor Agreement FAQs

How much can a landlord charge for a security deposit in South Carolina?

There is no statutory limit — the lease sets the amount. The law instead governs deductions and the 30-day return deadline (S.C. Code §27-40-410).

How long does a landlord have to return a security deposit in South Carolina?

30 days after the later of the tenancy ending, the tenant moving out, or the tenant’s demand, with an itemized written notice of any deductions. A landlord who wrongfully withholds it can owe three times the amount withheld plus attorney’s fees (§27-40-410).

Is there a limit on late fees in South Carolina?

No. South Carolina sets no cap or grace period for residential late fees; the Act treats late charges as part of “rent” (§27-40-210). Courts can still refuse to enforce unconscionable terms (§27-40-230).

What notice is required to evict for nonpayment in South Carolina?

Five days. If rent isn’t paid within 5 days of the due date, the landlord may terminate after written notice — and a conspicuous statutory clause in the lease counts as that notice for the whole tenancy, including a month-to-month holdover (§27-40-710(B)).

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