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A South Carolina month-to-month lease agreement is a legal contract between a landlord and a tenant to rent the property on a monthly basis.
Unlike the standard rental agreement, it doesn't have an expiration date and can be renewed each month when the tenant pays the rent unless one party gives the other a 30 days' notice to end the lease.
Here's everything you need to know about this type of lease agreement!
Legal Disclosures
Month-to-month lease agreements should include all the essential details that you would find in a standard annual rental contract. Therefore, it must have the following legal disclosures:
- Owner Disclosure: As soon as a tenancy agreement begins, tenants must obtain the name and address of the property's owner or a person authorized to represent them.
- Lead-Based Paint Disclosure: A month-to-month rental contract must also disclose whether there's lead paint on the rental unit.
- Security Deposit Calculation: Landlords are required to unveil the standards used to calculate security deposits if the property has more than four adjoining units and tenants' security deposits are calculated differently.
South Carolina Month-to-Month Tenancy
In South Carolina, month-to-month rental contracts don't have to be written. In other words, property owners and tenants can enter into this lease through an oral agreement.
However, a month-to-month lease must still comply with South Carolina landlord-tenant laws. Therefore, property owners and lessees have the same rights and responsibilities regarding the space's conditions and rent payment.
Eviction Process
Landlords may deliver a notice to terminate the lease at any time. Once that period ends, the rental agreement is no longer active.
If tenants don't vacate the property as requested, landlords can evict them according to local laws. Filing a complaint with a county court is the first step.
The eviction process in South Carolina usually takes approximately 4-9 weeks, but it may be longer in some cases.
South Carolina Rental Forms
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Customize Your Own
If you need to customize your own month-to-month rental agreement, this paid service is the best option. Find a template for this state!
Sources
FAQs
When Can I End a Month-to-month Lease in South Carolina?
In South Carolina, landlords can terminate a month-to-month rental agreement for any reason and at any time as long as they provide a 30 days' written notice to the other party.
Tenants can also end the lease at any time. However, they must provide the minimum termination notice.
How Much Notice Should I Give Tenants to Raise the Rent?
South Carolina laws haven't established a specific notice period to raise the rent. However, landlords must act in good faith and give tenants reasonable notice before changing rent charges.
Many states consider that giving a 30 days' notice for a rent increase is "reasonable."
When Is the Month-to-month Rental Agreement Renewed?
As there's no expiration date to the rental agreement, this contract renews each month when tenants pay rent.
Should a Landlord Verify the Tenant's Credentials?
It isn't mandatory, but landlords are advised to verify the tenants' credentials through the rental application to avoid evictions and make their lease successful.
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