South Carolina Landlord Required Disclosures

Before entering a binding lease agreement in South Carolina, state and federal laws compel landlords to present explicit legal disclosures to their tenants. Providing this information uniformly safeguards landlords from legal penalties and ensures tenant transparency.

State-Mandated Disclosures

The South Carolina Residential Landlord and Tenant Act (SCRLTA) mandates that landlords must communicate key points of information either in writing before the tenancy starts or within the contract itself.

1. Owner or Authorized Agent Identity

Landlords or property owners must officially disclose the identity of the people tied to ownership and the management of the property in writing. The objective is to make sure tenants always know exactly who holds authority over the unit.

Tenants must be legally provided with the names and addresses of:

• The person authorized to manage the property (such as an external property management company or manager).
• The owner of the premises, or a person officially authorized to act on behalf of the owner, to serve notices, process demands, and receive legal papers.

Why this matters: If an out-of-state landlord uses a local property manager, the tenant must be explicitly told who they can legally serve with a lawsuit or legally contact concerning vital maintenance requests.

2. Security Deposit Standards and Modifications

South Carolina law imposes specific disclosure requirements regarding security deposits to ensure fairness and prevent arbitrary increases.

Variable Standards: If a landlord uses different standards for calculating security deposits for different tenants on the same premises, they must disclose these criteria openly. While the statutory posting requirement specifically mentions landlords with more than four adjacent dwelling units, any landlord using varied standards should provide this disclosure to avoid penalties. If a landlord fails to disclose these standards, they may be barred from using the difference between the tenant's deposit and the lowest deposit on the premises as a deduction for damages.

Mid-Tenancy Increases: Under S.C. Code § 27-40-520, any rule or regulation adopted after the lease begins that "works a substantial modification of the bargain" (such as increasing the security deposit) is not valid unless the tenant consents to it in writing.

Landlords can disclose variable security deposit standards by:

• Writing the criteria into an upfront disclosure presented to the tenant prior to signing.
• Clearly posting the standards in the management office or a prominent public area on the premises.

Federal Mandates

Lead-Based Paint Disclosure

Under federal law enforced by the EPA and HUD, if a residential property was constructed prior to 1978, landlords are strictly obliged to notify the tenant about potential lead-based paint contamination.

Before a prospective tenant signs the lease, landlords must provide:

1. An EPA-approved information pamphlet titled "Protect Your Family from Lead in Your Home."
2. A Lead Warning Statement attached to the lease alongside detailed information pertaining to the presence of any known lead-based paint/hazards in the property.

Both landlords and tenants must mutually sign and date this disclosure form to recognize that the landlord met their compliance obligation.

Best Practices for Landlord Disclosures

• Include Disclosures within the Lease: Add a custom addendum entirely devoted to statutory disclosures at the bottom of the master lease.
• Obtain Signatures: Require signatures or digital initials on all separate disclosure policies—especially lead paint waivers—to establish written evidence of tenant receipt.
• Maintain Current Agent Information: If you restructure your management firm, re-file who handles demands or update the tenants in writing within a 30-day timespan of making extreme changes to the management contacts.

How Landager Helps

A critical element of property management is verifying prospective tenants have reviewed required documentation before collecting a deposit. Landager allows landlords in South Carolina to build dynamic lease templates bundling all required state and federal disclosures for an applicant to e-sign in one intuitive workflow—guaranteeing flawless compliance every time.

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