A lease agreement is a written contract between a tenant and a landlord. The agreement will outline certain terms and conditions for the tenant to occupy the property, including making full rent payments every month. There are also disclosures that landlords must include in a lease agreement. Even when these agreements are in place, disputes can still arise. When they do, an experienced lease agreement lawyer from Beth Santilli Law, LLC can help you understand and defend your rights. We work with both tenants and landlords who feel another party has violated the contract. Contact us today to request a consultation.
Common Types of Lease Agreements in South Carolina
There are several types of lease agreements:
– Residential leases. The most common form of lease agreements in South Carolina are one year residential leases. These lease agreements typically allow a tenant to live in the property for one year. After that time, the two parties can enter into a new contract, or the landlord may decide to rent on a month-to-month basis.
– Commercial leases. Commercial lease agreements are similar to residential leases, though the terms are significantly different.
– Rent to buy leases. Lastly, a lease agreement with an option to buy is another type of contract sometimes used between tenants and landlords. These agreements are typically sought by tenants that want to buy but who may not have the funds to make a purchase at the time of signing the lease agreement. In these cases, a portion of the monthly rent is often placed aside to use as a down payment should the tenant decide to purchase the property.
Information Included in a Lease Agreement
In South Carolina, residential lease agreements must be written in accordance with the Residential Landlord and Tenant Act, but commercial leases include many of the same terms. Under this Act, lease agreements in the state must include:
– The name and address of the landlord, as well as any person or agent that can act on their behalf
– All names of tenants that will live or work on the property
– The address of the property, including the city and county
– The date the agreement was drafted
– The type of property
– The names of all occupants of the property when the lease is residential
– A start and end date for the agreement
– The amount of rent the tenant will pay every month, the total amount of rent over the life of the lease agreement, and how rent payments will be made
– How many days must pass before rent is considered late
– The amount of any NSF fees charged for returned checks
– The amount of any required security deposit
– Notice of access when landlord needs to enter the property
– Allowances for pets, or lack thereof
– The process of requesting maintenance, if needed by the tenant
– Any requirements of tenant’s insurance
– Subletting requirements
– Utilities that are the responsibility of the tenant
– Addresses for legal notices sent to the tenant and the landlord
In addition to these requirements, landlords must also disclose if there are different security deposits required when there are four or more adjoining units. If the lease is for a residential unit constructed prior to 1978, the landlord must also provide the tenant with a lead-based paint disclosure.
Commercial leases include additional terms that are specific to the business whom is renting the property. Beth Santilli Law, LLC has drafted numerous commercial lease agreements and can identify those terms that are necessary to protect both the landlord and the renter.
Get Legal Help Today
Whether you are entering into a commercial lease agreement, need one drafted for your rental unit, or you are in a dispute with another party, our Mt. Pleasant, SC lease agreement lawyers can help. At Beth Santilli Law, LLC, our knowledgeable attorneys have the experience necessary to draft lease agreements, review agreements, and defend against disputes. Contact us today to schedule a consultation and to learn more about how we can help.