A South Carolina sublease agreement is a rental contract between a current tenant (“sublessor”), and a new tenant (“sublessee” or “subtenant”). The sublessor is the tenant already on the existing lease or rental agreement, who pays rent to the landlord.
In a sublease, the sublessee pays rent to the sublessor for the leased or rented space. However, the sublessor is still responsible for making rent payments to the landlord.
A sublease must be approved by the original landlord and must comply with the terms of the initial lease. The sublessor is ultimately responsible for the premises if the subtenant does not abide by the original lease and causes the landlord damages.
To save time and ensure everything is filled out correctly, we recommend using our free South Carolina sublease agreement builder or reading our steps on how to write a South Carolina sublease agreement below.
How to Write a South Carolina Sublease Agreement
- Property description — Include a description of the rental property (i.e., home, apartment, or other property types) and physical address.
- Parties to the original lease — Identify the full name of the tenant and landlord to the original lease.
- Mailing address — If the mailing address is different from the physical location of the property, enter the complete mailing address.
- Parties to the sublease — List the full name of the subtenant. Identify the subtenant as “sublessee” and the existing tenant as “sublessor”.
- Original lease terms and copy — Specify the terms of the sublease, and attach a copy of the original lease to the sublease for all parties to understand their obligations under the original lease and the sublease.
- Monthly rent and utilities — Enter the monthly rent amount, the due date, name of the party to be paid, and the address where the payment is to be sent. Also state how the utilities are paid, and the proportional amount owed by each party.
- Security deposit — Include the security deposit amount the landlord or sublessor requires if any.
- Additional terms and conditions — List any additional terms and conditions, such as pet or smoking rules or other activities that are allowed on the premises.
- Termination date — Enter the end date of the sublease.
- Term — State how long the sublease lasts in years and months, including the start date and end date of the lease.
- Signature line — Include a signature line and space for each party to sign as sublessor and subtenant, with their printed names above or below their signatures.
- Landlord approval — Below the signature lines, include a space for the printed name of the landlord, or their agent, and a line for their signature as consent to the sublease.
South Carolina Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in South Carolina. Once you’ve filled out a South Carolina sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all South Carolina laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
South Carolina Landlord-Tenant Laws: Title 27, Chapter 40 of the South Carolina Code of Laws (Residential Landlord and Tenant Act)
In South Carolina, a sublessor must:
- Give a subtenant five days (5) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
South Carolina Sublease FAQs
Is it legal to sublet in South Carolina?
Yes, it is legal to sublet in South Carolina. Subleases are allowed if the landlord has not explicitly prohibited it in the lease.
Must a tenant get permission to sublet?
Yes, a tenant must get permission to sublet. In South Carolina, subleases require landlord approval. To be safe, get the landlord’s written approval prior to subleasing, and include the landlord’s signed consent in the sublease.
Can I evict a subtenant?
Yes, you can evict a subtenant by the same eviction process a landlord follows to evict a tenant. This means that as a sublessor, you must give your subtenant a legally-required notice to either pay rent or stop their violation of the sublease and/or lease. If they do not within the given amount of time, the subtenant must vacate the premises.