Free South Carolina Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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South Carolina Residential Lease Agreement

A South Carolina residential lease (also called a South Carolina rental agreement) sets the rent, term and house rules for a home rental. A South Carolina residential lease agreement is governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Title 27, Chapter 40 — the state’s version of the Uniform Residential Landlord and Tenant Act. South Carolina sets no cap on deposits or late fees and bans local rent control, but it requires deposit refunds within 30 days, 24 hours’ notice before most entries, and a five-day notice before an eviction for unpaid rent.

South Carolina landlord–tenant law at a glance

South Carolina residential lease law summary
Security deposit limit	No statutory capS.C. Code §27-40-410
Deposit return	30 days after the later of termination, delivery of possession, or the tenant’s demandS.C. Code §27-40-410(a)
Late fees	No statutory cap; late charges count as “rent” under the ActS.C. Code §27-40-210
Rent-increase notice	No specific statute; a month-to-month change needs the 30-day termination noticeS.C. Code §27-40-770
Landlord entry	24 hours’ notice, with exceptions for scheduled and requested servicesS.C. Code §27-40-530
Month-to-month termination	30 days’ written notice (7 days week-to-week)S.C. Code §27-40-770
Nonpayment eviction notice	5 days — can be given once in the lease itselfS.C. Code §27-40-710(B)
Rent control	Prohibited statewideS.C. Code §27-39-60

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).

Landlord entry & access

Except as noted below, a South Carolina landlord must give at least 24 hours’ notice of the intent to enter and may enter only at reasonable times; the landlord can’t abuse the right of access to harass the tenant (S.C. Code §27-40-530(c)).

Emergencies — Entry is allowed at any time in an emergency — and approaching weather that threatens the property can count as one (§27-40-530(b)(1)).
Scheduled services — Entry between 9:00 a.m. and 6:00 p.m. for regularly scheduled services such as filter changes or pest treatment, without 24 hours’ notice, is allowed only if that right is conspicuously stated in writing in the lease and the landlord announces the entry beforehand (§27-40-530(b)(2)).
Tenant-requested services — Entry between 8:00 a.m. and 8:00 p.m. to perform services the tenant asked for, with an announcement beforehand (§27-40-530(b)(3)).
Locks — A tenant may not change the locks without the landlord’s permission (§27-40-530(e)).
Abuse of access — Knowing unlawful entry or repeated harassing demands let the tenant get an injunction or terminate, plus actual damages and attorney’s fees; a tenant who refuses lawful access faces the same remedies (§27-40-780).

Ending a South Carolina tenancy

Notice to end a South Carolina periodic tenancy (S.C. Code §27-40-770)
Week-to-week	7 days
Month-to-month	30 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).

Habitability & repairs

A South Carolina landlord must comply with building and housing codes affecting health and safety, do whatever is reasonably necessary to keep the premises fit and habitable, keep common areas reasonably safe (and clean, for buildings of more than four units), supply running water, reasonable hot water and reasonable heat, and keep electrical, gas, plumbing, heating, ventilating, air-conditioning and supplied appliances in reasonably good and safe working order (S.C. Code §27-40-440(a)). Appliances in the unit are presumed supplied by the landlord unless the lease specifically excludes them.

If the landlord materially fails these duties, the tenant may give written notice that the lease will terminate in 14 days unless the breach is remedied (§27-40-610). South Carolina does not allow a general repair-and-deduct remedy; the tenant may only procure essential services such as heat or water and deduct their cost, or recover damages (§27-40-630).

Tenant protections you can’t waive

Prohibited lease terms — A lease can’t make the tenant waive rights under the Act, confess judgment, or exculpate or indemnify the landlord for liability imposed by law. A landlord who deliberately uses such terms can owe damages plus up to the deposit amount — or up to three months’ rent if done maliciously — and attorney’s fees (§27-40-330).
No lockouts — Unlawfully excluding a tenant or willfully interrupting essential services costs the landlord three months’ rent or twice actual damages, whichever is greater, plus attorney’s fees (§27-40-660).
No retaliation — A landlord can’t raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code agency or complained about a violation of the Act (§27-40-910).
Unconscionable terms — A court may refuse to enforce an unconscionable lease or clause (§27-40-230).

South Carolina lease 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).

How much notice does a South Carolina landlord need to enter?

At least 24 hours, at reasonable times. Exceptions: emergencies; regularly scheduled services between 9 a.m. and 6 p.m. if the lease conspicuously allows it and the landlord announces entry; and tenant-requested services between 8 a.m. and 8 p.m. with an announcement (§27-40-530).

How much notice to end a month-to-month lease in South Carolina?

Thirty days’ written notice from either side; week-to-week tenancies need 7 days (§27-40-770).

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)).

Does South Carolina have rent control?

No. State law bars counties and cities from regulating the amount of rent on privately owned residential property (S.C. Code §27-39-60).

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