Lease Agreement Template South Carolina

RESIDENTIAL LEASE AGREEMENT

Document Control:

• Effective Date: [Effective Date]
• Version: 4.2 (South Carolina Residential Compliant)
• Jurisdiction/Scope: State of South Carolina (S.C. Code Ann. § 27-40-10 et seq., South Carolina Residential Landlord and Tenant Act)

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1. LEGAL NOTICE & DISCLAIMER

This document is an elite legal and operational template designed for residential leasing within the State of South Carolina. Real estate leasing is subject to strict statutory requirements under the South Carolina Residential Landlord and Tenant Act. Failure to comply with statutory disclosure rules, security deposit handling mandates, and eviction procedures can result in severe legal and financial liabilities. Both Landlord and Tenant are advised to review this document with independent legal counsel prior to execution.

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2. PARTIES & DEFINITIONS

• Landlord: [Landlord Full Legal Name or Entity], having an address of [Landlord Street Address, City, State, Zip] ("Landlord").
• Tenant: [Tenant 1 Full Legal Name] and [Tenant 2 Full Legal Name], having an address of [Tenant Phone Number / Email] ("Tenant").
• Premises: The real property located at [Street Address, Unit Number, City, SC Zip], together with any associated appliances, fixtures, and designated parking spaces ("Premises").
• Lease Term: Commencing on [Start Date] at 12:00 Noon and ending on [End Date] at 11:59 PM ("Term").

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3. OPERATIVE CLAUSES & TERMS

SECTION 1: RENT & PAYMENT OBLIGATIONS

1.1 Base Rent: Tenant shall pay to Landlord as base rent the sum of [Monthly Rent Amount] USD per month ("Rent"). Rent is due in advance on or before the first (1st) day of each calendar month during the Term. 1.2 Payment Methods: Rent shall be paid via [Specify Electronic Portal, ACH, Check, or Wire Instructions]. Cash is strictly prohibited. 1.3 Late Charges: If Rent is not received by Landlord by 11:59 PM on the fifth (5th) day of the month, Tenant shall pay a late fee of [Late Fee Amount, e.g., $50 or 5% of monthly rent], in accordance with S.C. Code Ann. § 27-40-210. 1.4 Returned Payments: Any payment returned for insufficient funds (NSF) shall incur a fee of [NSF Fee Amount, e.g., $35.00] plus any applicable bank charges.

SECTION 2: SECURITY DEPOSIT

2.1 Amount: Upon execution of this Agreement, Tenant shall deposit with Landlord the sum of [Security Deposit Amount] USD as a security deposit ("Security Deposit"). 2.2 Holding & Compliance: The Security Deposit shall be held in accordance with S.C. Code Ann. § 27-40-410. The deposit will be held in an escrow/trust account at [Name of Financial Institution] located at [Bank Address]. 2.3 Return of Deposit: Within thirty (30) days after the termination of this Agreement and delivery of possession, Landlord shall return the Security Deposit to Tenant, less any lawful deductions for unpaid rent, damages exceeding normal wear and tear, and actual cleaning costs, accompanied by an itemized written accounting of deductions.

SECTION 3: USE & OCCUPANCY

3.1 Permitted Use: The Premises shall be used and occupied solely as a private residential dwelling by the Tenant and the following authorized occupants only: [Names of Minor Children or Additional Occupants] ("Occupants"). 3.2 Subletting & Assignment: Tenant shall not assign this Agreement, sublet the Premises, or grant any license to use the Premises without the prior written consent of Landlord.

SECTION 4: UTILITIES & SERVICES

4.1 Tenant Responsibilities: Tenant shall directly contract and pay for all utilities and services related to the Premises, including but not limited to electricity, gas, water, sewer, internet, and trash removal, except for [List Landlord-paid utilities, e.g., HOA fees, lawn maintenance].

SECTION 5: MAINTENANCE, REPAIRS, & CONDITION

5.1 Condition of Premises: Tenant acknowledges that Tenant has inspected the Premises and accepts them in "AS-IS" condition, subject to any move-in checklist executed concurrently herewith. 5.2 Tenant Maintenance: Tenant shall maintain the Premises in a clean, safe, and sanitary condition and shall promptly notify Landlord of any structural damage, water leaks, or mechanical failures. 5.3 Landlord Maintenance: Landlord shall maintain the structural elements, roof, plumbing, heating, and electrical systems in compliance with S.C. Code Ann. § 27-40-440.

SECTION 6: STATUTORY DISCLOSURES (SOUTH CAROLINA)

6.1 Lead-Based Paint Disclosure: Housing built before 1978 may contain lead-based paint. The federally mandated Lead-Based Paint Disclosure form is attached hereto and incorporated by reference. 6.2 Mold Disclosure: Tenant acknowledges receipt of mold mitigation disclosures and agrees to maintain adequate ventilation to prevent mold accumulation. 6.3 Notice of Foreclosure / Ownership: Landlord warrants that the individual executing this Lease has full legal authority to lease the Premises.

SECTION 7: DEFAULT & REMEDIES

7.1 Default by Tenant: Pursuant to S.C. Code Ann. § 27-40-710, if Tenant fails to pay rent when due, or violates any material provision of this Agreement, Landlord may deliver a written notice specifying the breach and demanding compliance within fourteen (14) days (or five (5) days for non-payment of rent as provided by statute). 7.2 Remedies: If Tenant fails to remedy the breach, Landlord may terminate the Lease, institute legal action for eviction (forcible entry and detainer), and recover actual damages, court costs, and reasonable attorney's fees.

SECTION 8: RIGHT OF ENTRY

8.1 Landlord Access: Pursuant to S.C. Code Ann. § 27-40-530, Landlord or Landlord's agents may enter the Premises upon at least twenty-four (24) hours' notice to inspect, make repairs, or show the property to prospective buyers or tenants. In cases of emergency, Landlord may enter without prior notice.

SECTION 9: GOVERNING LAW

9.1 Jurisdiction: This Agreement shall be governed, construed, interpreted, and enforced in accordance with the laws of the State of South Carolina, specifically the South Carolina Residential Landlord and Tenant Act.

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4. SIGNATURES & ACKNOWLEDGMENT BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Residential Lease Agreement as of the Effective Date written above.

LANDLORD:

Signature: _____________________________________
Printed Name: [Landlord Printed Name]
Title: [Title, if applicable]
Date: [Date]

TENANT(S):

Signature: _____________________________________
Printed Name: [Tenant 1 Printed Name]
Date: [Date]

Signature: _____________________________________
Printed Name: [Tenant 2 Printed Name]
Date: [Date]

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5. STEP-BY-STEP EXECUTION GUIDE

1. Review and Customize: Fill in all bracketed placeholders ([...]) with accurate factual data. Ensure security deposit amounts and late fee structures align with local market realities and internal risk policies.
2. Mandatory Disclosures Attachment: Attach the federal Lead-Based Paint Disclosure (if the property was built prior to 1978) and any applicable South Carolina-specific addenda (such as HOA rules or mold addenda) prior to signing.
3. Execution & Delivery: Have all adult tenants and the Landlord (or authorized agent) sign and date the execution block. Provide a fully executed duplicate copy to the Tenant within twenty-four (24) hours of signing.
4. Escrow Deposit Verification: Deposit the Security Deposit into a designated South Carolina financial institution escrow account within the statutory timeframe, ensuring compliance with S.C. Code Ann. § 27-40-410.