RESIDENTIAL LEASE AGREEMENT

(State of South Carolina)

[// GUIDANCE: This template is drafted to comply with the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-10 et seq., and incorporates the metadata supplied by the requesting attorney. All bracketed items must be completed or revised prior to execution. Where bracketed language offers optional text, select the clause(s) appropriate to the transaction or delete in their entirety.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease of Premises
   3.2 Term and Possession
   3.3 Rent; Additional Rent; Late Charges
   3.4 Security Deposit
   3.5 Utilities and Services
   3.6 Use; Occupancy Limits
   3.7 Condition of Premises; Entry and Inspection
4. Representations & Warranties
5. Covenants & Restrictions
   5.1 Landlord Covenants (Habitability, Maintenance)
   5.2 Tenant Covenants (Affirmative & Negative)
6. Default & Remedies
   6.1 Tenant Default
   6.2 Landlord Default
   6.3 Remedies; Graduated Consequences
7. Risk Allocation
   7.1 Indemnification
   7.2 Limitation of Liability
   7.3 Insurance
   7.4 Force Majeure
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE/NATURAL PERSON] having an address at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], a [STATE] [ENTITY TYPE/NATURAL PERSON] having an address at [TENANT ADDRESS] (“Tenant”).

Landlord and Tenant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. Landlord is the fee simple owner of the residential real property and improvements located at [PREMISES ADDRESS] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the same to Tenant, all on the terms and conditions set forth below.
C. The Parties intend that this Agreement be governed by and construed in accordance with the South Carolina Residential Landlord and Tenant Act (the “RLTA”) and other applicable South Carolina law.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Defined terms appear in initial capital letters throughout the Agreement.

“Additional Rent” – any and all amounts other than Base Rent that Tenant is required to pay hereunder.

“Base Rent” – the monthly rental amount specified in Section 3.3(a).

“Business Day” – any day other than Saturday, Sunday, or a legal holiday in the State of South Carolina.

“Commencement Date” – the date specified in Section 3.2(a) on which the Lease Term begins.

“Common Areas” – all areas and facilities outside the Premises that are designated for common use by Landlord.

“Event of Default” – any of the events described in Section 6.1 (as to Tenant) or Section 6.2 (as to Landlord).

“Lease Term” – the fixed term of this lease as established in Section 3.2.

“RLTA” – South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-10 et seq.

“Security Deposit” – the amount deposited with Landlord pursuant to Section 3.4.

“State” – the State of South Carolina.

[// GUIDANCE: Add additional defined terms as necessary for complex addenda (e.g., “Pet,” “Guarantor,” or “HOA Rules”).]

3. OPERATIVE PROVISIONS

3.1 Lease of Premises

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, together with the appurtenant rights relating thereto, subject to the terms and conditions of this Agreement.

3.2 Term and Possession

a) Commencement & Expiration. The lease term (the “Lease Term”) shall commence on [COMMENCEMENT DATE] (the “Commencement Date”) and shall expire at 11:59 p.m. on [EXPIRATION DATE], unless sooner terminated in accordance with this Agreement or the RLTA.
b) Possession. If Landlord fails to deliver possession on the Commencement Date, Base Rent shall abate until possession is delivered; Tenant’s exclusive remedy for delay shall be rent abatement, and Tenant may terminate if possession is not delivered within [NUMBER] days after the Commencement Date.
c) Holdover. Holdover occupancy without Landlord’s written consent shall constitute a month-to-month tenancy terminable by either Party upon thirty (30) days’ notice, with Base Rent increased to [HOLDOVER RATE = e.g., 150% of last monthly Base Rent].

3.3 Rent; Additional Rent; Late Charges

a) Base Rent. Tenant shall pay to Landlord Base Rent in the amount of $[MONTHLY RENT] per month, payable in advance on or before the first (1st) day of each calendar month.
b) Form of Payment. Rent shall be paid by [METHODS ACCEPTED] to [PAYMENT ADDRESS/PORTAL].
c) Late Charge. If any installment of Base Rent is not received within [FIVE (5)] days after the due date, Tenant shall pay a late charge of $[LATE FEE] plus interest at [INTEREST RATE]% per annum until paid.
d) Returned Checks. Tenant shall pay a fee of $[NSF FEE] for each dishonored payment.
e) Additional Rent. All sums due from Tenant other than Base Rent constitute “Additional Rent” and are collectible as such.
f) Application of Payments. Landlord may apply payments received from Tenant to outstanding sums in Landlord’s sole discretion, unless such application is prohibited by the RLTA.

3.4 Security Deposit

a) Amount; Delivery. Upon execution, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] as the Security Deposit, to secure performance of Tenant’s obligations.
b) Trust Account; Disclosure. Landlord shall retain the Security Deposit in a federally-insured trust account located at [NAME OF FINANCIAL INSTITUTION] and shall provide Tenant written notice of the account number within thirty (30) days after receipt, as required by the RLTA.
c) Permitted Deductions. Landlord may deduct from the Security Deposit only such amounts as are permitted under the RLTA, including unpaid rent, reasonable cleaning charges, and costs to repair damage beyond ordinary wear and tear.
d) Return of Deposit. Within thirty (30) days after termination of occupancy and delivery of possession, Landlord shall return the Security Deposit (or balance thereof) together with an itemized statement of any lawful deductions sent to Tenant’s forwarding address. Failure to provide such address shall relieve Landlord of mailing obligation but not of liability.
e) Transfer of Ownership. Upon transfer of Landlord’s interest, Landlord shall comply with RLTA requirements regarding transfer or return of the Security Deposit.
f) Liability Cap. Except in cases of Landlord’s gross negligence or willful misconduct, Landlord’s cumulative liability to Tenant under this Agreement, exclusive of statutory punitive damages, shall not exceed the Security Deposit amount held. [// GUIDANCE: Verify enforceability under current South Carolina law before relying on this cap.]

3.5 Utilities and Services

Tenant shall be responsible for and shall timely pay all charges for [LIST UTILITIES], unless otherwise provided below:
[OPTION — Landlord shall furnish ____ and such charges are included in Base Rent.]

3.6 Use; Occupancy Limits

a) Permitted Use. The Premises shall be used solely as a private residence for not more than [NUMBER] occupants and for no other purpose without Landlord’s prior written consent.
b) Prohibited Activities. Tenant shall not (i) commit waste; (ii) create a nuisance; (iii) use the Premises for unlawful purposes; or (iv) store hazardous materials except household cleaning supplies in normal quantities.
c) Pets. [SELECT ONE]
• (i) No pets are permitted. —OR—
• (ii) Pets are permitted subject to Landlord’s written approval, execution of a separate pet addendum, and payment of a non-refundable pet fee of $[AMOUNT].

3.7 Condition of Premises; Entry and Inspection

a) Move-In Inspection Report. Within five (5) days after occupancy, the Parties shall execute a move-in checklist noting any existing defects. Failure to timely deliver such list constitutes acknowledgment that the Premises are in good order.
b) Landlord Entry. Landlord may enter the Premises upon at least twenty-four (24) hours’ notice (or less in emergencies) to inspect, make necessary repairs, supply agreed services, or exhibit the Premises to prospective purchasers, lenders, or tenants, all as permitted by the RLTA.
c) Tenant Obligations on Surrender. At termination, Tenant shall surrender the Premises broom-clean, free of personal property and trash, and in at least the same condition as received, ordinary wear and tear excepted.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants that:
a) Landlord has full right and authority to lease the Premises;
b) The Premises, at the Commencement Date, shall be habitable and in compliance with all applicable building, housing, and health codes.

4.2 Tenant represents and warrants that:
a) Tenant is legally competent and has authority to execute this Agreement;
b) All information provided in Tenant’s rental application is true and complete;
c) Tenant’s intended use of the Premises complies with applicable laws and zoning regulations.

4.3 Survival. The representations and warranties herein shall survive the termination of this Agreement only to the extent expressly stated.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants (Habitability, Maintenance)

a) Habitability. Landlord shall comply with the RLTA habitability standards and maintain the Premises in a fit and habitable condition, including but not limited to:
i) Keeping all common areas safe and clean;
ii) Maintaining electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities in good and safe working order;
iii) Providing running water, reasonable amounts of hot water, and heat as required by season and applicable codes.

b) Repairs. Landlord shall make all repairs required by law within a reasonable time after written notice from Tenant.

5.2 Tenant Covenants

a) Rent & Charges. Tenant shall timely pay all Rent and other charges without deduction or set-off.
b) Maintenance. Tenant shall keep the Premises clean and sanitary, promptly remove trash, and use all utilities and appliances in a safe manner.
c) Alterations. Tenant shall not make alterations, improvements, or additions without Landlord’s prior written consent.
d) Compliance with Laws & Rules. Tenant shall comply with all laws and rules reasonably promulgated by Landlord, which shall not violate Tenant’s rights under the RLTA.
e) Quiet Enjoyment. Tenant and occupants shall conduct themselves in a manner that does not disturb neighbors’ peaceful enjoyment.
f) Notice of Defects. Tenant shall promptly notify Landlord in writing of any condition requiring repair to maintain habitability.

6. DEFAULT & REMEDIES

6.1 Tenant Default

The following constitute events of default (“Tenant Default”):
a) Failure to pay any rent when due, where such failure continues for five (5) days after due date;
b) Material non-compliance with Section 5.2 or other substantial breach of this Agreement, where Tenant fails to cure within fourteen (14) days after written notice;
c) Abandonment or unlawful assignment/subletting;
d) Bankruptcy or insolvency events as detailed herein.

6.2 Landlord Default

Landlord’s failure to comply with Section 5.1 or material breach of this Agreement, where such failure continues for fourteen (14) days after Tenant’s written notice, constitutes Landlord Default.

6.3 Remedies; Graduated Consequences

a) Upon Tenant Default, Landlord may:
i) Deliver statutory notices to cure or quit;
ii) Terminate the tenancy and recover possession by filing a summary ejectment action in a court of competent jurisdiction, without arbitration;
iii) Recover unpaid Rent, late fees, attorneys’ fees, and court costs as allowed by law;
iv) Apply the Security Deposit to damages; and
v) Pursue any other remedy available at law or equity.

b) Upon Landlord Default, Tenant may:
i) Terminate this Agreement by written notice effective not less than fourteen (14) days after Landlord’s receipt, if the breach remains uncured;
ii) Seek injunctive relief or damages as provided by the RLTA; and
iii) Exercise any other rights under applicable law.

[// GUIDANCE: Statutory notice periods in South Carolina differ for non-payment (5 days) and other breaches (14 days). Preserve these timelines unless local ordinances impose stricter standards.]

7. RISK ALLOCATION

7.1 Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, losses, and liabilities arising out of (i) Tenant’s use or occupancy of the Premises, (ii) any act or omission of Tenant or Tenant’s invitees, or (iii) breach of this Agreement by Tenant, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability

Except for claims arising from personal injury or property damage caused by Landlord’s gross negligence or willful misconduct, Landlord’s aggregate liability under this Agreement shall not exceed the Security Deposit amount then held by Landlord, and Tenant waives all claims for consequential or punitive damages.

7.3 Insurance

a) Tenant Insurance. Tenant shall maintain renter’s liability insurance with minimum limits of $[LIMIT] per occurrence, naming Landlord as additional insured.
b) Landlord Insurance. Landlord shall maintain property insurance on the structure of the Premises; however, Landlord’s policy does not cover Tenant’s personal property.

7.4 Force Majeure

Neither Party shall be liable to the other for failure or delay in performing obligations (other than monetary payment) due to events beyond its reasonable control, including acts of God, governmental actions, or natural disasters, provided the affected Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State, including the RLTA, without regard to conflict-of-law principles.
b) Forum Selection. Any suit arising out of or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction handling residential landlord-tenant matters within the county where the Premises are located (the “Housing Court”).
c) Arbitration. The Parties expressly exclude arbitration; all disputes shall be resolved in court.
d) Jury Trial. Nothing herein shall be construed as a waiver of any constitutional right to a jury trial where such right is applicable.
e) Injunctive Relief. The Parties acknowledge that Landlord’s right to obtain injunctive relief, including without limitation an order for eviction or writ of ejectment, is preserved under the RLTA.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Waiver of any breach shall not be construed as waiver of any other breach.

9.2 Assignment; Subletting. Tenant shall not assign, mortgage, or encumber this Agreement, nor sublet all or any portion of the Premises, without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion.

9.3 Successors and Assigns. Subject to the foregoing restriction, this Agreement shall bind and benefit the Parties and their respective heirs, legal representatives, successors, and assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remainder of this Agreement shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.5 Entire Agreement; Integration. This Agreement, including any exhibits or addenda, constitutes the entire agreement between the Parties and supersedes all prior discussions or agreements, whether written or oral.

9.6 Notices. All notices required under this Agreement shall be in writing and delivered personally, by certified mail (return receipt requested), or by nationally-recognized overnight courier to the addresses set forth above (or such other address as a Party may designate by notice). Notice is deemed given (i) upon receipt or refusal if delivered personally, (ii) three (3) Business Days after mailing, or (iii) one (1) Business Day after deposit with a courier.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted by facsimile, email (pdf), or electronic signature platform shall be deemed original for all purposes.

9.8 Interpretation. Headings are for convenience and do not affect interpretation. The terms “include,” “including,” and similar expressions are deemed to be followed by “without limitation.”

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

[OPTIONAL NOTARIZATION – Insert if local recording or evidentiary practice requires]

[NOTARY BLOCK—SOUTH CAROLINA]
State of South Carolina )
County of _______ )

The foregoing instrument was acknowledged before me this _ day of _, 20_, by ________ [name of person acknowledged].

Notary Public for South Carolina
My Commission Expires: ______

[// GUIDANCE:
1. Attach any required addenda (e.g., Lead-Based Paint Disclosure for pre-1978 housing, Pet Addendum, Rules & Regulations, or HOA Covenants).
2. Confirm all blank placeholders are completed prior to execution.
3. Verify local ordinances (e.g., Charleston, Columbia) for supplemental landlord-tenant requirements.
4. Store the executed lease and move-in inspection checklist in the client file for at least four (4) years, consistent with best practices.
]