Residential Sublease Agreement - South Carolina

Residential Sublease Agreement — South Carolina

Before you use this: Attach the complete master lease and document any authorization it or a housing program requires. Complete the deposit, owner-contact, and property-specific disclosures before signing.

This Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The owner or primary landlord is [NAME] (“Primary Landlord”).

1. Premises, master lease, and authorization

Address: [STREET, UNIT, CITY, SOUTH CAROLINA ZIP]. Space: ☐ Entire dwelling ☐ [ROOM/AREA] with shared use of [COMMON AREAS]. Master lease dated: [__/__/____]. Master lease term: ☐ Fixed through [__/__/____] ☐ Month to month. The complete master lease, amendments, and rules are attached as Exhibit A and delivered to Subtenant.

Master-lease subletting provision: [SECTION AND TERMS / NONE]. Authorization: ☐ Exhibit A permits this sublease without further consent. ☐ Primary Landlord's written consent is attached as Exhibit B or signed below. ☐ Required housing-program consent is attached as Exhibit B. Subtenant will not occupy before required authorization is documented. Sublessor remains responsible under the master lease and cannot grant a greater or longer right than Sublessor holds.

2. Fixed term, rent, and services

This sublease begins [__/__/____] and ends [__/__/____], no later than the lawful end of the master lease. An extension requires a signed writing and any required Primary Landlord authorization. Termination and possession remain subject to applicable law.

Protected tenant: A Subtenant who meets S.C. Code Ann. §§ 27-40-210(19)-(20) and 27-40-350 after a documented qualifying incident may end future rental obligations by giving Sublessor written notice with the required court-order or conviction documentation within 60 days of the incident. The stated termination date must be at least 30 days after Sublessor receives notice unless Sublessor agrees in writing to an earlier date. The protected Subtenant relinquishes possession and owes rent and other amounts through the effective date and for damage caused, but no early-termination penalty or fee. Other cotenants on the lease remain responsible for full rent for its balance. Nothing here limits those rights.

Monthly rent: $[____] for each full calendar month, due on day [1-28] of that month to [PAYEE] by [METHOD] at [ADDRESS/ACCOUNT]. First full calendar month, if any: [MONTH, YEAR / NONE], covering [START DATE THROUGH END DATE / NONE], at the monthly rent stated above, due [__/__/____ / NONE] (the selected monthly due day). Complete the schedule for any initial or final partial calendar month; write "none" where a period does not apply. If the whole term fits within one partial month, complete the initial row and mark the final row and first full month "none." Each partial amount replaces monthly rent for its covered dates; do not charge the same dates twice.

Credit rent already paid for the initial or final covered dates against the completed amount for those dates. Sublessor will return any excess prepaid rent within 15 days after this sublease lawfully ends. This rent settlement is separate from the deposit return in Section 3 and does not release Sublessor from the master lease.

Late fee: ☐ None ☐ $[____] if rent remains unpaid [____] days after due; an incomplete amount or trigger means no fee is agreed. Any charge remains subject to applicable local and program limits. Utilities/services paid by Sublessor: [LIST]. Paid by Subtenant: [LIST AND ALLOCATION].

3. Security deposit

Subtenant pays a refundable security deposit of $[____ / ZERO], capped under this Agreement at one month's rent. No separate prepaid last-month rent is collected. Sublessor may deduct accrued rent and damages caused by Subtenant's failure to meet statutory care duties. Within 30 days after the latest of tenancy termination, Subtenant's delivery of possession, and Subtenant's demand for the deposit, Sublessor will provide a written itemization and any balance due, subject to § 27-40-350's rule that a deposit need not be returned until the end of the lease after a protected tenant terminates obligations. Subtenant will give a forwarding or new address in writing. Forwarding address: [ADDRESS / TO BE PROVIDED].

If the landlord rents more than four adjoining dwelling units on the premises and uses different standards for calculating deposits, those standards must be posted conspicuously or furnished in writing before signing: ☐ Attached or posted at [PLACE] ☐ Not applicable.

4. Use, repairs, and entry

Permitted occupants: [NAMES]. Pets: [TERMS / NONE]. Parking/storage: [TERMS / NONE]. Attached rules: [IDENTIFY / NONE]. Subtenant will keep the dwelling reasonably clean, report needed repairs promptly, and avoid damage beyond ordinary wear. Sublessor's repair/service commitments: [DETAILS]. Sublessor will coordinate Primary Landlord's duties and keep the dwelling fit and habitable as required by S.C. Code Ann. § 27-40-440.

For an ordinary inspection, repair, service, or showing, Sublessor will give at least 24 hours' notice and enter at a reasonable time; Subtenant will not unreasonably withhold consent. Emergency entry, requested services, and other statutory exceptions follow S.C. Code Ann. § 27-40-530. Sublessor will not use access to harass Subtenant.

5. Contacts, surrender, and exhibits

Owner or authorized agent for service of process and receiving notices or demands — name and address: [DETAILS]. This information will be supplied in writing at or before occupancy and kept current. Sublessor notice and repair contact: [NAME, ADDRESS, PHONE]. Subtenant notice address and phone: [DETAILS]. Notices will be written and delivered by a method permitted by law and this Agreement.

At the lawful end of possession, Subtenant will vacate, remove personal property, return keys to [PERSON], leave the dwelling reasonably clean subject to ordinary wear, and give a written forwarding address. A default or possession action follows lawful process.

• Exhibit A: Complete master lease, amendments, and rules: ☐ Attached and delivered.
• Exhibit B: Primary Landlord and any program authorization: ☐ Attached ☐ Signed below.
• Deposit-calculation standards, if applicable: ☐ Attached ☐ Posted at [PLACE] ☐ Not applicable.
• Exhibit C: Completed and separately signed federal lead disclosure for covered pre-1978 target housing, with approved pamphlet and available records delivered before Subtenant is obligated: ☐ Attached ☐ Not applicable after coverage review.
• Other applicable local or program disclosures: [LIST / NONE APPLICABLE].

6. Agreement and signatures

South Carolina law governs. No term waives a nonwaivable right. An unenforceable term does not cancel the remaining lawful terms. Changes require a writing signed by both parties and any required consenting person. Each party receives a signed copy.

Sublessor: [SIGNATURE] Date: [__/__/____] Printed name: [________________]

Subtenant: [SIGNATURE] Date: [__/__/____] Printed name: [________________]

Primary Landlord authorization, if required: I authorize this specific sublease; this signature alone does not release Sublessor from the master lease.

Primary Landlord/agent: [SIGNATURE] Date: [__/__/____] Printed name/capacity: [________________]

Exhibit C — lead-based paint disclosure for covered housing

Complete and sign this exhibit before Subtenant is obligated if the sublet housing was built before 1978 and is target housing under 40 C.F.R. § 745.103. A rental of an individual room is generally a 0-bedroom dwelling under that section, but the exception does not apply when a child under six resides or is expected to reside there. Determine any other exemption under § 745.101 before relying on it. Attach this exhibit to the signed sublease and give Subtenant the federally approved lead-hazard pamphlet and all available lead records or reports before signing.

Year housing was built: [________] Covered target housing: ☐ Yes ☐ No, basis: [________________________]

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure of known lead-based paint and/or lead-based paint hazards: ☐ Known lead-based paint or hazards are present. Describe their location, the condition of painted surfaces, and the basis for that knowledge: [________________________________________________]. ☐ Sublessor has no knowledge of lead-based paint or hazards in the housing.

Available records and reports: ☐ Sublessor has provided Subtenant all available lead-based paint or hazard records and reports listed here: [________________________________________________]. ☐ Sublessor has no such records or reports.

Subtenant's acknowledgment: ☐ Subtenant received copies of the listed records and reports. ☐ Sublessor stated that there are no such records or reports. Subtenant acknowledges receipt of the disclosure above and the federally approved pamphlet on lead poisoning prevention.

Agent's acknowledgment, if an agent participates: Agent has informed Sublessor of Sublessor's obligations under 42 U.S.C. § 4852d and is aware of the duty to ensure compliance. ☐ No agent participates.

The signing parties certify that their statements in this exhibit are accurate to the best of their knowledge.

Sublessor signature: [________________________________] Date: [__/__/____]

Subtenant signature: [________________________________] Date: [__/__/____]

Agent signature, if any: [________________________________] Date: [__/__/____]