Lease Agreement requirements in South Carolina
- Must be in writing and signed by all parties (verbal leases over one year are invalid under the Statute of Frauds).
- Include the names and signatures of all tenants and the landlord or authorized agent.
- Specify the rental amount, due date, and acceptable payment methods.
- Clearly state the lease term (e.g., month-to-month or fixed term) and renewal terms.
- Include security deposit terms: amount, allowable deductions, and return timeline (no statutory limit on amount, but must be returned within 30 days of lease termination).
- Provide required disclosures, such as lead-based paint (for pre-1978 housing) and the landlord's name/address for service of process.
How to create a Lease Agreement in South Carolina
- Download a South Carolina-specific lease agreement template or use a standard form that complies with state law.
- Fill in all property details: full address, type of unit, and any included appliances or parking spaces.
- Clearly define rent, due date, late fees (if any, but must be reasonable), and grace period.
- List all occupants (not just signatories) and any pet policies, including deposits or fees.
- Include clauses for maintenance, entry rights (typically 24 hours' notice unless emergency), and property use restrictions.
- Have all parties sign and date the agreement. While not required, notarization is recommended to avoid disputes; if you notarize, ensure a notary public witnesses signatures.
What a Lease Agreement typically costs
The cost of creating a lease agreement in South Carolina is $0 if you draft it yourself or use a free template. Professional legal review or a service may cost between $25 and $200. Court filing fees for evictions or disputes are separate and vary by county.
Get your free South Carolina lease agreement template now and ensure your rental complies with state laws.
Create your lease agreementBefore You Draft a SC Lease
Gather key details and understand South Carolina's rules to create a valid, enforceable residential lease.
- Confirm the property is in rentable condition and note all existing damages with photos.
- Have the tenant's full legal name, contact info, and rental amount/due date ready.
- Know SC's required disclosures (e.g., lead-based paint for pre-1978 homes) and include them.
- Decide on lease term (fixed or month-to-month) and check local ordinances for rent control or registration.
- Review SC law on security deposits (no statutory limit, but return within 30 days) and include a deposit clause.
- Ensure signatures are notarized if the lease will be recorded; otherwise, notarization is optional.
DIY vs. hiring a lawyer for your Lease Agreement
| Option | Cost | Time | Best for |
|---|---|---|---|
| DIY with a template | ~$40 | Minutes | Standard situations |
| State-specific template (recommended) | Low, one-time | ~15 min | Most people |
| Hire an attorney | $200–$1,500+ | Days–weeks | Complex cases |
Most people complete their lease agreement online in about 15 minutes with a state-specific template — the same structure attorneys use, without the hourly bill.
Frequently asked questions
Does a South Carolina lease agreement have to be notarized?
No, South Carolina law does not require notarization for a lease agreement to be valid. However, having the signatures witnessed and notarized can help prove authenticity in court if a dispute arises.
Are there any specific disclosures required in a South Carolina residential lease?
Yes, landlords must disclose the name and address of the owner or authorized agent. For properties built before 1978, a federal lead-based paint disclosure is required. Additionally, if the property is in a flood zone, it's recommended to disclose (but not required).
What is the maximum security deposit I can charge in South Carolina?
South Carolina has no statutory limit on the amount of security deposit a landlord can charge. However, the deposit must be returned within 30 days of lease termination, minus any lawful deductions itemized in writing.
How much notice is required to terminate a month-to-month lease in South Carolina?
For a month-to-month tenancy, the landlord or tenant must give 30 days' written notice to terminate. This applies unless the lease agreement states a different notice period, which cannot be less than 30 days.