What clauses are legally required in every South Carolina lease agreement?
Every South Carolina lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. The Act adds the owner-identity disclosure (below) and a useful option for nonpayment: if the lease conspicuously states, "If you do not pay your rent within five days of the due date, the landlord can start to have you evicted," that satisfies the § 27-40-710 notice requirement for the whole tenancy. A lease for a term longer than one year must be in writing (§ 32-3-10).
South Carolina security deposit rules — the 30-day return
S.C. Code § 27-40-410 governs deposits:
- No cap on the deposit amount.
- Return: within 30 days after the tenancy ends, possession is delivered, and the tenant demands it (with a forwarding address), the landlord must return the deposit less lawful deductions and provide a written itemized statement.
- Penalty: wrongful withholding exposes the landlord to three times the amount wrongfully withheld plus attorney's fees.
- Multi-unit disclosure: a landlord who rents more than four adjoining units and uses different standards to set deposits among tenants must post or give each prospective tenant a written statement of those standards before signing; otherwise the excess over the lowest comparable deposit cannot be used for damage deductions.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in South Carolina
South Carolina does not set a statutory cap on residential late fees. A late fee is enforceable if it is written into the lease and reasonable rather than a penalty; courts generally treat a modest percentage as reasonable, and grossly disproportionate fees risk being unenforceable.
Notice periods to end or not renew a South Carolina lease
South Carolina notice periods (S.C. Code Title 27, Ch. 40):
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 30 days before the termination date | § 27-40-770 |
| Nonpayment of rent | 5 days (or the conspicuous lease clause) | § 27-40-710 |
A tenant who holds over willfully and in bad faith can be liable for up to three months' rent or twice the actual damages, plus attorney's fees. Self-help eviction is unlawful.
What disclosures must South Carolina landlords provide?
South Carolina's required disclosures are limited:
- Owner/agent identity (§ 27-40-420): the name and address of the owner or authorized agent for service of process and notices, in writing at or before the start of the tenancy. A manager who fails to disclose is treated as the landlord.
- Multi-unit deposit standards (§ 27-40-410): the posted or delivered statement described above.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a South Carolina lease is missing required terms?
Specific failures carry specific consequences:
- Missed 30-day return / no itemization: exposes the landlord to three times the amount wrongfully withheld plus attorney's fees (§ 27-40-410).
- No multi-unit deposit-standards statement: the excess deposit cannot be applied to damages.
- Missing owner disclosure: a manager who fails to disclose is deemed the landlord for liability (§ 27-40-420).
Managing rentals in more than one state? Compare South Carolina's rules with our Georgia and North Carolina lease requirement guides.
Full South Carolina disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a South Carolina landlord must give at signing, see our South Carolina required lease disclosures checklist.
Create your South Carolina lease agreement
Build a customized South Carolina lease agreement (or any of the other 49 states) with our AI-powered, state-specific generator.
Create your South Carolina lease agreement →Frequently asked questions
Is there a security deposit limit in South Carolina?
No. South Carolina sets no cap, but the deposit must be returned with a written itemization within 30 days of the tenancy ending; wrongful withholding exposes the landlord to three times the amount plus attorney's fees (S.C. Code § 27-40-410).
How long does a South Carolina landlord have to return a security deposit?
Within 30 days after the tenancy ends, possession is delivered, and the tenant demands the deposit and provides a forwarding address (S.C. Code § 27-40-410).
Is there a late-fee limit in South Carolina?
No. South Carolina does not cap residential late fees; the fee must be in the lease and reasonable rather than a penalty.
How much notice is required to end a month-to-month tenancy in South Carolina?
Thirty days before the termination date (S.C. Code § 27-40-770). Nonpayment requires a 5-day notice, which a conspicuous lease clause can satisfy for the whole tenancy (§ 27-40-710).
What must a South Carolina landlord disclose?
The name and address of the owner or authorized agent (S.C. Code § 27-40-420); for a landlord of more than four adjoining units using different deposit standards, a posted or delivered statement of those standards (§ 27-40-410); and the federal lead-based paint disclosure for pre-1978 housing.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.