A South Carolina sublease agreement allows the original tenant of a property, with written permission from the landlord, to establish a secondary renting agreement with a new tenant.
Effectively, the document use passes responsibilities, such as the need to pay rent, from the initial tenant to the subtenant.
What to Include
To rent the premises to a new tenant in this way, original tenants need to ensure that they include all the relevant details in drafting the sublease. These pieces of information include:
- The sublessor and sublessee names
- A copy of the original lease to establish the expected terms
- Rent payment requirements
- How utilities are to be paid
- Signature of both the initial tenant and the new one
- The consent of the landlord in the form of a signature
- Agreement date
How to Write One
Before the South Carolina sublease document is completed and ready to be handed over, it's essential to think through the process and ensure that all nuances are covered. If not, there could be unforeseen challenges with either the landlord or the subtenant later on. Some things to address are:
- Having a cop of the original lease handy
- Ensuring that the terms of the new lease are properly established and documented
- Ensuring that the signatures of all parties to the contract are captured
- Establishing how the security deposit element will work
- Including any financial responsibilities that will form a part of the lease agreement
South Carolina is not a state that establishes any specific requirements for subletting. Since there are now laws, then establishing a new lease in this way comes down to whether the landlord spoke to doing so in the original lease or not.
If there is no mention of subletting or a clause that allows it, then the sublease agreement should be no problem. However, if it is explicitly forbidden, then attempting to bring in a subtenant would be a breach of contract.
A South Carolina sublessor takes on several responsibilities that would be typical of a landlord and tenant agreement. These include:
- Ensuring that the security deposit is returned if the agreement should be dissolved
- Establishing a system to ensure that the landlord is paid by the sublessee if required
- Providing the requisite notice to the subtenant if an eviction is in order.
Build Your Own
DoorLoop makes it easy for a tenant in South Carolina to draft a sublease agreement. Take advantage of the free templates available below:
Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.
With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.
DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.
For more information about DoorLoop, learn more or schedule a free demo.
The Bottom Line
Before a tenant can establish a new lease on a property with a subtenant, the parties must sign a legal document known as a sublease agreement. Use the information above to ensure that it contains all the necessities.
Is It Acceptable to Evict the New Tenant?
Yes. Provided the conditions are met, proper eviction procedures can be followed for this.
Is It Necessary to Get Landlord Permission for Subletting?
Yes. Before a tenant can offer the property via a sublease, consent must be sought from the landlord.
What if the Original Lease Agreement Forbids a Sublease?
In this case, it would not be legal for the tenant to go ahead with a new lease.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.