South Carolina Sublease Agreement

The South Carolina sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.

Does a Tenant Need the Landlord’s Permission to Sublet in South Carolina

A tenant does need a landlord’s explicit written consent to sublet in South Carolina. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a high debt-to-income ratio or a poor work history.
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Standardized South Carolina Sublease Agreements

• The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
• Rent – How much the rent is, when it needs to be paid, and how to pay it.
• Term – The exact date of the sublease beginning and ending date.
• Rental Unit Location – The address for the rental unit as described in the master lease.
• Landlord’s Consent – This section describes how the landlord is asked to give permission (if permission is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
• Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
• General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
• Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
• Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages that impact the landlord as stated in the master lease agreement.
• Authorized Occupants – This identifies the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
• Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
• Security Deposit – There is no limit on how much a landlord can collect for a security deposit in Idaho. The security deposit is held by the Sublessor (not the landlord).
• Return of Security Deposit – Idaho landlords have 21 days after the tenant vacates the rental unit to return any unused portion of the security deposit. However, the lease agreement can specify a shorter or longer period for its return as long as it does not exceed 30 days.
• Inventory of Included Items – The list of items in the rental unit that are part of the sublease which may include appliances or furniture.
• Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
• Parking Policy – A description of where the subtenant and any guests can park on the property, including any fees.
• Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
• Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).

Tax Implications of a Sublease

In South Carolina, a sublessor may be subject to state and local taxes if they sublet for 90 days or less. For example, taxes for a property within Charleston County in Charleston may include:

• South Carolina State Sales Tax – 5%
• South Carolina State Accommodations Tax – 2%
• Local Option Sales Tax – 1%
• County Transportation Tax – 1%
• School District/Education Tax – 1%
• Charleston County Accommodations Tax – 2%
• City of Charleston Accommodations Tax – 2%

Frequently Asked Questions

Is subletting legal in South Carolina? Is subletting legal in South Carolina? Yes, subletting is legal in South Carolina; however, tenants must have prior written permission from the landlord in order for any sublease agreement to be valid. If the tenant proceeds without written permission, the sublease is invalid and the tenant may be in violation of their lease provisions. Read more »