Two ways to rent in South Carolina
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in South Carolina? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. South Carolina residential tenancies are governed by the Residential Landlord and Tenant Act in Title 27, Chapter 40 of the Code of Laws.
South Carolinalease rules & requirements
Security deposit
South Carolina sets no maximum on a residential security deposit — the amount is whatever the lease states (one month's rent is the common benchmark). Under S.C. Code 27-40-410, the landlord must return the deposit, with a written itemization of any deductions, within 30 days after the tenancy ends, possession is delivered, and the tenant demands it, whichever is later.
Late fees
South Carolina has no statute that caps residential late fees or requires a grace period, so the lease controls the amount. The fee should be reasonable and must be clearly stated in the written lease to be enforceable.
Landlord entry & notice
Under S.C. Code 27-40-530, the landlord must give the tenant at least 24 hours' notice before entering and may enter only at reasonable times. No notice is required in a genuine emergency; limited daytime entry is also allowed for scheduled or tenant-requested services if the lease provides for it.
Required disclosures
Under S.C. Code 27-40-420, the landlord must disclose in writing the name and address of the owner or a person authorized to act on the owner's behalf for service of process and notices. The landlord must also include the federal lead-based-paint disclosure for homes built before 1978.
Ending the lease
A fixed-term lease simply ends on its end date. A month-to-month tenancy can be ended by either party with at least 30 days' written notice before the termination date under S.C. Code 27-40-770.
Does it need notarizing?
No. A South Carolina residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under the South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40).
How to write a South Carolina lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late or NSF fees.
- 4
Set the security deposit and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures (owner or agent identity and lead-based paint for pre-1978 homes) and any house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your South Carolina lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
South Carolina lease agreement FAQ
Does a South Carolina residential lease need to be notarized?
No. A residential lease in South Carolina doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in South Carolina?
No. South Carolina doesn't cap residential security deposits by statute — the amount is set by the lease. One month's rent is the common benchmark.
How long does a South Carolina landlord have to return the deposit?
30 days after the tenancy ends, possession is delivered, and the tenant demands it, whichever is later, with a written itemization of any deductions. Wrongful withholding can expose the landlord to three times the amount kept plus attorney's fees.
How much can a late fee be in South Carolina?
South Carolina doesn't cap late fees by statute and requires no grace period, so the lease sets the amount. It should be reasonable and must be clearly written into the lease to be enforceable.
How much notice ends a month-to-month lease in South Carolina?
At least 30 days' written notice from either party before the termination date, under S.C. Code 27-40-770.
Does the landlord have to give notice before entering in South Carolina?
Yes. S.C. Code 27-40-530 requires at least 24 hours' notice before entry, at reasonable times. No notice is needed in a genuine emergency, and limited daytime entry is allowed for scheduled or tenant-requested services if the lease provides for it.
What must a South Carolina lease disclose?
The name and address of the owner or an authorized agent for service of process and notices, plus the federal lead-based-paint disclosure for pre-1978 homes.
Is this South Carolina lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.