South Carolina Residential Lease Agreement
What South Carolina law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free South Carolina lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other South Carolina rules your lease has to live with
Beyond the deposit, South Carolina law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. South Carolina requires at least 24 hours’ notice before a non-emergency entry. — S.C. Code § 27-40-530 ↗
- Repair and deduct. Not permitted for repairs; tenant may only procure essential services during landlord noncompliance and deduct their actual, reasonable cost (§ 27-40-630). — S.C. Code § 27-40-630 ↗
- Habitability. South Carolina law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — S.C. Code § 27-40-440 ↗
Each point links to the South Carolina source it was taken from. Rules change; confirm before relying on them.
What South Carolina law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 days
Source: S.C. Code §27-40-410 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 30 days after move-out? Ask for it in writing with a South Carolina security deposit demand letter; if that doesn’t work, the usual next step is South Carolina small claims court.
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Required disclosures in South Carolina
What South Carolina law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Owner/agent disclosure
Landlord or authorized person must disclose in writing, at or before commencement of tenancy, the name and address of an owner of the premises (and persons authorized to manage/receive notices).
Source: S.C. Code § 27-40-420
Frequently asked questions
How much security deposit can a landlord charge in South Carolina?
South Carolina does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 30 days after you move out (as of 2026). Source: S.C. Code §27-40-410.
Is this lease valid in South Carolina?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in South Carolina once both sides sign. What it cannot do is contract around South Carolina law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in South Carolina?
South Carolina requires at least 24 hours' notice for a non-emergency entry. Source: S.C. Code § 27-40-530.
Can a tenant repair and deduct rent in South Carolina?
Not permitted for repairs; tenant may only procure essential services during landlord noncompliance and deduct their actual, reasonable cost (§ 27-40-630). Source: S.C. Code § 27-40-630.
What does a landlord have to disclose in South Carolina?
Under South Carolina law: Owner/agent disclosure (S.C. Code § 27-40-420). Federal and local rules can add more; each item on this page links to the law it comes from.
How does South Carolina compare? See the security deposit limits in all 50 states, every figure cited to statute.
How South Carolina compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for South Carolina: S.C. Code §27-40-410 ↗.
- South Carolina is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Georgia (30 days), North Carolina (30 days). Every neighboring state with a rule matches South Carolina.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Georgia (30 days), North Carolina (7 days).
The rest of what South Carolina requires
The figures below are South Carolina's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Carolina page for that document.
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit S.C. Code § 27-40-710; § 27-40-770 ↗
- Notice to cure a lease violation · as of 2026
- 14 days S.C. Code § 27-40-710; § 27-40-770 ↗
- Small claims limit · as of 2026
- $7,500 S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗
- Where you file · as of 2026
- Magistrates Court (commonly called small claims court) · filing fee About $80 total in most counties (e.g., Beaufort County Magistrate: $80 including a $10 service fee, +$10 per additional defendant). The statutory base is $45 for summons and judgment under S.C. Code § 8-21-1010(A)(6), with county-collected surcharges making up the difference. S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗
- Rental application fee · as of July 2026
- No statutory limit South Carolina Code ↗
- Bill of sale notarization · as of 2026
- Not required South Carolina SCDMV (Form 4031) ↗
- Power of attorney signing · as of 2026
- Notarization required · 2 witnesses S.C. Code §62-8-105 ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules S.C. Code Ann. § 33-44-103 ↗
- Recording a deed · as of 2026
- Register of Deeds (in some counties the Clerk of Court performs the register's recording duties) — S.C. Code § 30-5-30 / Title 30 · 2 witnesses S.C. Code §§ 27-7-10, 30-5-30 ↗
Lease agreement in other states
More South Carolina legal forms
- South Carolina Bill of Sale
- South Carolina Eviction Notice
- South Carolina Power of Attorney
- South Carolina Rental Application
- South Carolina Small Claims Guide
- South Carolina Demand Letter
- South Carolina Security Deposit Demand Letter
- South Carolina Quitclaim Deed
- South Carolina LLC Operating Agreement
Different state? See lease agreements by state →