Title: Microsoft Word - Rental Agreement (final) - website.docm
Author: Alicia Lockard
Last saved by: Joseph Gendron

Rental Agreement

NOTE:(1) Users should look at references to SC Residential Landlord Tenant Act ("SCRLTA") in Agreement. (2) SCRLTA may vary the terms of the Agreement.
(3) Agreement not suited for every situation. May need to include or delete provisions.

_RENTAL _AGREEMENT	_STATE _OF _SOUTH _CAROLINA, _COUNTY _OF  	

House lease  	Apartment lease  	Other  	

This Rental Agreement is entered into between  	

Agent for the owner, hereinafter known as LANDLORD, and  	

hereinafter known as the TENANT, this 	day of  	20 	, at  	, South Carolina.

In consideration of the rent to be paid by the Tenant to the Landlord, the parties agree as follows:
1. 	PROPERTY.  The property, which is the subject of this Rental Agreement, consists of the land and buildings located thereon and is known generally as 	

2.	OCCUPANTS. Occupants of the premises shall be limited to 	

3. 	TERM.   The  Landlord   leases   the  premises   to  the  Tenant,   subject   to  the  provisions   of  this  Rental   Agreement,   for  a  term  of

 	, starting   	, 20 	, and  ending  at midnight   	,
20 	.   Tenant  agrees  to vacate  the property  on the ending  date, leaving  it clean  and in good condition,  free of Tenant’s  personal property, garbage and other waste, and to return the keys to the Landlord.  Notice requirements are specified in paragraphs 18 and 19.

4.	RENT.	The   rent   for   the   term   of   this   lease   is    	

and   is   payable   in   monthly   installments   of

$                                       at                                                     or at such other place as the Landlord may designate in writing.

5.             LATE CHARGE AND RETURNED CHECKS.  Rent is due in advance on the first day of the month.  IF RENT IS NOT PAID WITHIN FIVE (5) DAYS  OF THE DUE DATE,  LANDLORD  MAY TERMINATE  THIS RENTAL  AGREEMENT.    Rent paid after the fifth day of the month will be subject to a late charge of $                                             .  Returned checks shall be subject to a charge of $                                               , plus late charge if check is not made good before the sixth day of the month.  Notwithstanding,  if any check of the Tenant for the security deposit or the first month’s rent is returned because of insufficient funds, Landlord may declare this rental agreement void and immediately terminated.
6.             SECURITY.    The sum of $                            will be deposited  (interest  free) by Tenant  upon  execution  of this agreement,  and prior  to occupancy, to be held by Landlord until the termination of this tenancy as security for the full and faithful performance by Tenant of all the terms of this agreement.   Landlord  is given permission  to place said security  deposit with other security  deposits  in a separate  trust account  and to deduct therefrom  the cost of any unusual  cleaning  or repairs  to the property  and/or  any accrued  rent or late charges,  upon vacating  of tenant.   Security deposit  cannot  be deducted  from the rent of the last month  of this tenancy.   If the damages  sustained  by the Landlord  as a result of Tenant  not fulfilling  the entire  tem of this agreement  equal  or exceed  so much  of the security  deposit  as is left after deductions  therefrom  pursuant  to this agreement, Landlord may elect to retain sum as liquidated damages.

7.             POSSESSION.   If there is a failure to deliver possession of the premises at the commencement  of this lease, the monthly rental provided for shall be abated pro-rata on a daily basis and shall not be due until occupancy  is available.   The tenant, however, may notify the Landlord upon five (5) days written notice that he elects to terminate the lease for failure to deliver the premises.  In such case, the Landlord shall return all prepaid rent and security deposit.
8.             INSPECTION.   It is agreed that inspection will be made within three (3) working days after Tenant has completely vacated the premises and only between the hours of 9 a.m. and 5 p.m. Monday through Friday.  No inspection will be made on Holidays or weekends, and UTILITIES TO BE LEFT ON AT THE TIME OF INSPECTION.   Tenant has the right to be present during the inspection,  and Tenant’s  failure to appear at the inspection shall constitute the Tenant’s agreement to accept the Landlord’s Inspection Report as conclusive and final.
9.             PETS.   Tenant  shall  not keep  domestic  or other  animals  on or about  the premises  without  the PRIOR  WRITTEN  CONSENT  of the Landlord.   If Landlord does, at his sole discretion, consent, and if Tenant makes payment of any required pet fee, Tenant may keep and maintain the specified domestic animal upon the leased premises in accordance with the terms hereof, and any special agreements reached between Landlord and Tenant shall not be in contradiction  of these terms.  Tenant shall be responsible for the animal, its behavior, and any damage, over and above the pet fee, done by said animal.   The Landlord will have the right to withdraw consent and demand removal of any previously  permitted animal upon the first complaint registered against such animal or upon evidence of injury or damage caused by animal.  Any special pet agreement is an integral part of this lease.
10.           CONDITION  OF PREMISES.  Tenant acknowledges  that he has inspected the premises and agrees that the premises and the common areas, if any, are in safe, fit and habitable condition.   The electrical, plumbing, heating and air-conditioning  system, if any, and any appliance furnished with the premises are in good working order.
EXCEPTIONS:                                                                                                                                                                                                        

11.           MAINTENANCE AND REPAIR.  Landlord agrees to make repairs and do what is necessary to keep the premises in a fit and habitable condition.   The Landlord further agrees to maintain in reasonably good and safe working order and condition, all electrical, gas, plumbing, sanitary, heating,  ventilation,  air-conditioning  and other facilities  and appliances  supplied  by him.   The Landlord  agrees to comply  with all obligations  set forth in the South Carolina Residential Landlord and Tenant Act in Article II, Section 21(a).
The Tenant agrees to keep the dwelling unit and all parts of the premises that he uses safe and clean.   In the case of a single-family  house or duplex, Tenant shall keep the yard mowed, watered and free of rubbish and to keep the gutters clean and the shrubs neatly trimmed.   Tenant shall dispose of ashes, garbage and other waste in a safe and sanitary manner.  Tenant shall not negligently destroy, deface, impair, or remove any part of the premises or knowingly allow any person to do so.
It is specifically understood that Tenant will, at Tenant’s expense, keep sinks, lavatories and commodes open, reporting any initial malfunction within five (5) days of occupancy;  replace all broken windows  and burned-out  light bulbs; repair any damage to screens, interior walls and doors. Tenant agrees to report to the Landlord any malfunction of, or damage to, electrical, plumbing, heating or air-conditioning  systems.  Tenant agrees to pay for the cost of all repairs made necessary  by negligence  or careless use of the premises,  including  repairs to electrical,  plumbing,  heating and cooling systems as well as floor coverings, carpeting and appliances, and to pay for repairs resulting from theft, malicious mischief or vandalism by Tenant.

Tenant agrees to be responsible  for, and to make at Tenant’s expense all routing maintenance  including,  but not limited to, stoppage of sewer because of misuse, broken water pipes or fixtures due to neglect or carelessness of Tenant.  Tenant is directly responsible for any damage caused by tenant’s appliances  and/or furniture.   Tenant is responsible  for changing  air filters in heating and air-conditioning  systems and reporting  any water leaks.  Tenant will be held liable for damage to heating and air-conditioning  systems by filters not being kept in a satisfactory condition.
12.           PEST CONTROL.   Tenant will report any pest problem within three (3) days of possession.  Tenant’s failure to identify any pest problem within said three (3) days shall constitute Tenant’s agreement that premises has no infestation of any kind.  Any future infestations of any kind shall be the responsibility of (  ) Tenant    (   ) Landlord.
13.           DAMAGE  OR  CASUALTY.  If the  premises  are  damaged  or destroyed  by  fire  or other  casualty  to the  extent  that  normal  use  and occupancy is substantially impaired.  Tenant may immediately vacate the premises and notify the Landlord in writing within seven (7) days thereafter of his intention to terminate the rental agreement, in which case, the rental agreement terminates as of the date of vacating.  If continued occupancy is lawful, Tenant may vacate any part of the dwelling  until rendered  unusable  by the fire or casualty,  in which case the Tenant’s  liability for rent is reduced in proportion  to the diminution  in the fair-market  rental value of the unit.   If the rental agreement  is terminated,  the Landlord  shall return security recoverable under Paragraph 6 of this agreement and all prepaid rent.  Accounting for rent in the event of termination or apportionment  will be made as of the date of the fire or casualty.
14.           INSURANCE.  Tenant acknowledges  that the Landlord  does not carry insurance  to cover the Tenant’s  personal property  or his personal liability. Tenant is advised to obtain Renters’ Insurance to protect his interests. Tenant agrees to comply in all respects with the requirements  of the Landlord’s  present or future insurance carrier and not to permit anything to be done at or within the premises which shall cause cancellation  of, or increase  in the current rate of insurance  thereon. Tenant agrees to obtain liability insurance  to cover possible  water damage should a waterbed  be authorized by Landlord.
15.           UTILITIES.  Tenant agrees that he will pay for all utilities except                                                                                                                           , used upon and in connection  with the premises by the Tenant, and in the event of Tenant’s default therein, Landlord may pay the same and add the amount thereof to the installment  of rent thereafter  falling due hereunder,  together with any penalties or interest which may have been paid by the Landlord.  Tenant shall be liable for any inspections required by utility companies due to the Tenant’s failure to obtain service at time of occupancy, or to maintain said service during term of this agreement.
16.           SUB-LETTING.   This Rental Agreement shall not be assigned nor shall the premises be sub-let without written consent of the Landlord.

17.           JOINT RESPONSIBILITY.  Each party who signs this Rental Agreement is responsible for rent and the obligations herein.

18.           EXTENDED  TERM AND NOTICE OF TERMINATION.  At the end of the term of this Rental Agreement as set forth in Paragraph 3 above, the provisions  of this Rental Agreement  shall be extended  for successive  one month periods and be considered  a month-to-month  tenancy. The amount of rent may be adjusted at this time, provided Landlord gives Tenant thirty (30) days written notice prior to the adjustment.   If Tenant intends to vacate the premises at the termination  of this agreement or at any extension thereof, Tenant shall notify the Landlord, in writing, at least thirty (30) days prior to the expiration of the original termination of this agreement, or at least thirty (30) days prior to the date specified in the notice in the case of any extension, that Tenant intends to vacate.   Any termination  shall be on the last day of the calendar month, unless otherwise stated herein.   If Landlord  intends to end the tenancy  at the termination  date of this agreement,  he may do so by giving Tenant at least thirty (30) days notice, in writing, of his desire to so end the agreement.   Landlord may terminate any extension of this agreement by notifying Tenant, in writing, at least thirty (30) days before the date specified in the notice.

19. 	NOTICE.   Any notice required or authorized  to be given hereunder  or pursuant to applicable  law shall be sent by certified or registered mail or hand delivered to the following addresses:  Tenant at the address of the premises; Landlord at the address to which rental payments are sent.
20.	SERVICE.  The name and address of the Landlord herein or the person authorized to act on behalf of the owner as agent is  	

Service of process may be made upon said agent and he is authorized to receive notice or demands under this agreement.

21.           DEFAULT.   If Tenant fails to perform any of the terms of this rental agreement,  other than the payment of rent, or non-compliance  with the provisions of this agreement affecting health, safety or the physical condition of the property, the Landlord may deliver written notice to Tenant specifying  the breach and Tenant shall remedy the breach within fourteen  (14) days.   If Tenant fails to do so, Landlord  may terminate  this rental agreement.  As to a default in the payment of rent and/or non-compliance  with the provisions of the agreement affecting health, safety or the physical condition of the property, the terms of this agreement and the South Carolina Residential Landlord and Tenant Act shall apply.
22.           ENTRY   BY  LANDLORD.     ENTRY   WILL  BE  MADE  BY  THE  LANDLORD   IN  ACCORDANCE   WITH  THE  SOUTH CAROLINA RESIDENTIAL  LANDLORD  AND TENANT ACT, SECTION 25:
(a)   A tenant shall not unreasonably  withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations,  alterations,  or improvements,  supply necessary or agreed services, or exhibit the dwelling unit to prospective  or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b)   A landlord or his agent may enter the dwelling unit without consent of the tenant:

(1)   At any time in case of emergency  – prospective  changes in weather conditions  which pose a likelihood  of danger to the property may be considered an emergency;
(2)   Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning  filters, providing  termite, insect or pest treatment,  and the like, provided  that the right to enter to provide regularly scheduled  periodic  services  is  conspicuously  set  forth  in  writing  in  the  rental  agreement  and  that  prior  to  the  entering,  the  landlord announces his intent to enter to perform services; or
(3)   Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services.
(c)   A landlord should not abuse the right of access or use it to harass the tenant. Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times.
(d)   A landlord has no other right of access except: (1)   pursuant to court order;
(2)   as permitted by Sections 34 and 35 of Article IV;

(3)   when accompanied by a law enforcement officer at reasonable times for  the purpose of service of process in ejectment proceedings; or

(4)   unless the tenant has abandoned or surrendered the premises.

23.           RULES  AND  REGULATIONS.  The  common  area  facilities,  if  any,  when  open  and  operating  are  subject  to  applicable  rules  and regulations  posted by the Landlord.  Parking  is provided  in designated  parking  areas and only for the vehicles  belonging  to the Tenants  and their guests.  No  trucks  over  1-ton  GVWR,  tractors,  boats,  trailers  or  other  vehicles  will  be  permitted  to  be  parked  at the  premises  without  written permission  of the Landlord.  Parking  on any grass area is expressly  prohibited.  The Landlord  has the right to tow away and store at the Tenant’s

expense any vehicles parked or abandoned which become a nuisance to the premises, such as wrecked or disabled vehicles or vehicles not currently registered or licensed under applicable law. Auto repairs requiring disassembly of auto are not permitted without written permission of the Landlord. Tenant shall occupy  the premises  only as a dwelling  unit and shall not create or permit any nuisance,  nor create any disturbance,  nor conduct  or permit any illegal activities thereon. Tenant agrees to observe faithfully all rules and regulations  that the Landlord now has, or may hereafter adopt for the uses of the premises to include any restrictive covenants in effect within the community and/or legal jurisdiction.
24.           ALTERATIONS. Tenant is forbidden to change any locks, add any additional  locks, or remove any existing locks without prior written consent of the Landlord. Furthermore,  without prior written consent, the Tenant shall not paint, mark, drive nails or screws into, or  otherwise deface or  alter  the  walls,  ceilings,  floors,  windows,  cabinets,  woodwork,  stone,  ironwork,  or  any  other  part  of  the  premises  inside  or  out.  Any  wall decorations  must  be hung  with  “bulldog”  type  hangers.  Any  alteration  or improvements  made  by the  Tenant  including  any  fixtures,  carpeting, painting,  wallpaper,  shrubs  or any other plants  shall become  a part of the premises  unless  otherwise  specified  by the Landlord  in writing.  Upon termination  of the lease,  the Tenant  shall  restore  the property  to its original  condition  or repair,  safety  and appearance,  ordinary  wear  and tear excepted, except as to the fixtures, carpeting, painting, wallpaper, shrubs or any other plants which Landlord has accepted. If Tenant fails to do so, Tenant will promptly reimburse the Landlord for any expenses required to so restore the premises.
25.           MILITARY  CLAUSE. If Tenant is a member of the Armed Forces of the United States, stationed in the Tri-County  area and shall, after the first six (6) months of this tenancy receive permanent  change of station orders out of the Tri-County  area, Tenant may, upon presentation  of a copy of said orders or transfer to the Landlord, along with thirty (30) days written notice of intent to vacate, and payment of all rent to the expiration date of such written notice, and any miscellaneous  charges in arrears, terminate this Rental Agreement.  Normal enlistment termination or other type discharge  from  Armed  Forces,  unless  due  to conditions  beyond  the  Service  Member’s  control,  or acceptance  of Government  quarters  is not  a permanent  change of station and is not justification  for lease termination.  Withholding  knowledge  of pending transfer or discharge at time of entry into this Rental Agreement voids any consideration or protection offered under this section.
26.           APPLICATION.  Tenant acknowledges  that Landlord has relied on the information provided by the Tenant in the rental application. If any material facts stated in the application are untrue, Landlord shall have the right to terminate the tenancy immediately  and to collect from the Tenant any damages resulting therefrom including reasonable attorney fees. Tenant and only those persons named in the application shall occupy or use the premises as a residence.
27.           ABANDONMENT. The unexplained  absence of a Tenant from premises for a period of fifteen (15) days after default in the payment of rent shall be constructed  as abandonment  of the premises. When premises has been abandoned,  or the rental agreement has come to an end and the Tenant has removed a substantial portion of his property or voluntarily  and permanently terminated his utilities, and has left personal property on the premises with a fair-market  value of five hundred ($500.00) dollars or less, the Landlord may enter the premises, using forceable entry if required, and dispose of the property.  All property not covered by this section will be handled under the provisions  of Code of Laws of South Carolina for
1976, Sections 27-37-10 to 27-37-150. If Tenant abandons the unit, he shall be liable for the rent for the remaining term of this agreement pursuant to and subject to Section 35(b) of the South Carolina Residential Landlord and Tenant Act.
28.           LIMITATION  OF LIABILITY.  If property described in this rental agreement  is delivered to a bonafide purchaser in a good faith sale, Landlord is relieved of liability under this agreement for acts and events occurring after written notice to the Tenant of the conveyance.
29.           MISCELLANEOUS.  This  Rental  Agreement  expresses  the  entire  agreement  of the  parties.  No  agreement,  statement,  representation, promise, etc. shall bind either of the parties unless it is in writing and contained in this agreement.

30.	OTHER TERMS, CONDITIONS, ADDENDA: 	

This Rental Agreement  is made pursuant  to the South Carolina  Residential  Landlord  and Tenant Act and the provisions  of said Act shall control.
EACH PARTY  ACKNOWLEDGES THAT THIS RENTAL  AGREEMENT  HAS BEEN READ PRIOR  TO SIGNING  AND THAT THE TERMS ARE AGREED TO.

LANDLORD: Company 	

TENANT 	

By  	

By  	

Witness  	

Witness  	

_CToR _form, _3/88

F:\DATA\CORP-FIN\DMS\form documents\rental agreement.doc