South Carolina Residential Lease Agreement

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this ____________ day of ____________________________, 20____, by and between _____________________________________________________________________ (hereinafter referred to as "Landlord") and _____________________________________________________________________ (hereinafter referred to as "Tenant").

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _______________ County, South Carolina, such real property having a street address of ______________________________________________________________ (hereinafter referred to as the "Premises").

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:

1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either A or B]:
   
   _____ (a) Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) ___________________ at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent.  If Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created.  Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.
   
   _____ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate.  Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy.  Notices to terminate may be given on any calendar day, irrespective of Commencement Date.
   
   
2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge.  However, the Damage Deposit shall not be considered Rent.  Tenant shall pay to Landlord _____________________________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month.  If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month.  In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.
   
   Acceptable forms of payment of Rent shall be [check all that apply]: _____ personal check, _____ money order, _____ cashier’s check, or _____ other ______________________________.  Payment shall be made to Landlord under the following name and address: ____________________________________________________________.
   
   If any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier’s check.

3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of ______________________________________________________________ DOLLARS ($________) as security for any damages caused to the Premises during the tenancy. Upon termination of tenancy, Landlord will return the deposit, less any amounts withheld for damages caused by Tenant, within thirty (30) days after termination of tenancy, delivery of possession, and demand by Tenant. Landlord must provide Tenant with a written notice itemizing any deductions and the amount due, if any. Tenant must provide the Landlord with a forwarding or new address. 

4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of _________________________________ , exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.

6. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant's interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant's interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this paragraph shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.

7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:

(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(c) Not obstruct or cover the windows or doors;

(d) Not leave windows or doors in an open position during any inclement weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(g) Keep all air conditioning filters clean and free from dirt;

(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

(i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;

(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.

12. INSURANCE. Landlord, the Landlord's agent or manager, and any applicable condominium or homeowners' association are not responsible for insuring Tenant's personal property or vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord strongly advises Tenant to obtain their own insurance (renter's insurance) to protect against such loss or damage. Tenant agrees to take all necessary actions, as notified by Landlord, to avoid any increase in the Landlord's insurance premium or loss of insurance coverage.
    
    
13. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ______________________________________________________________ DOLLARS ($___________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.
    
    
14. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
    
    
15. ANIMALS. Tenant shall be entitled to keep no more than __________ (____) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ______________________________________________________________ DOLLARS ($_________), ______________________________________________________________ DOLLARS ($_________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.
    
    
16. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
    
    
17. INDEMNIFICATION. LANDLORD WILL NOT BE HELD LIABLE FOR ANY DAMAGE OR INJURY TO THE TENANT, THEIR FAMILY, GUESTS, INVITEES, AGENTS, OR EMPLOYEES, OR ANY OTHER PERSON ENTERING THE PREMISES OR ANY BUILDING ON THE PREMISES, OR FOR DAMAGE OR INJURY TO GOODS OR EQUIPMENT ON THE PROPERTY. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE OR INJURY CAUSED BY CONTACT, ATTACK, OR INTERACTION WITH ANY ANIMALS, DOMESTIC OR WILD. THE TENANT ALSO AGREES TO HOLD LANDLORD HARMLESS FROM ANY CLAIMS OR ASSERTIONS FOR ANY DAMAGE OR INJURY ATTRIBUTED TO ANY ABSENCE OR FAILURE OF FENCING ON OR SURROUNDING THE PREMISES.
    
    
18. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that Landlord may hereafter prescribe, or materially fails to comply with any duties imposed on Tenant by statute, within five (5) days after delivery of written notice by Landlord specifying the noncompliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. This paragraph shall not apply to Tenant's obligations under South Carolina Code of Laws § 27-40-510 related to conditions materially affecting health and safety. If Tenant fails to pay rent when due and the default continues for five (5) days thereafter, Landlord may, at Landlord's discretion, take any one or all of the following actions: (i) declare immediately payable the entirety of rent due under the Term of this Agreement, (ii) immediately terminate this Agreement, and (iii) exercise all rights and remedies available to Landlord under law or equity. IF YOU DO NOT PAY YOUR RENT ON TIME: THIS IS YOUR NOTICE. IF YOU DO NOT PAY YOUR RENT WITHIN FIVE (5) DAYS OF THE DUE DATE, THE LANDLORD CAN START TO HAVE YOU EVICTED. YOU WILL GET NO OTHER NOTICE AS LONG AS YOU LIVE IN THIS RENTAL UNIT.
    
    
19. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "Late Charge" in the amount of ______________________________________________________________ DOLLARS ($__________).
    
    
20. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.
    
    
21. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
    
    
22. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of South Carolina.
    
    
23. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
    
    
24. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
    
    
25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
    
    
26. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
    
    
27. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder.
    
    
28. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.
    
    
29. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:
    
    If to Landlord to:
    
    ______________________________________________
    [Landlord's Name]
    
    ______________________________________________
    
    ______________________________________________
    [Landlord's Address]
    
    If to Tenant to:
    
    ______________________________________________
    [Tenant's Name]
    
    ______________________________________________
    
    ______________________________________________
    [Tenant's Address]
    
    Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. In accordance with South Carolina Code of Laws § 27-40-420, Tenant is advised that the Landlord named above is either an owner of the Premises or a person authorized to act on behalf of the owner as agent, inter alia, for purposes of service of process and receiving or receipting notices or demands.
    
    
30. ADDITIONAL PROVISIONS; DISCLOSURES.
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    [Landlord should note above any disclosures about the premises that may be required under Federal or South Carolina law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose any flood hazards.]