South Carolina Residential Lease Agreement - Month-to-Month

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South Carolina Residential Lease Agreement - Month-to-Month Powered By Docstoc
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                             This Residential Lease Agreement is used by a South Carolina landlord to lease a
                             residential property to a tenant on a month-to-month basis. This document contains the
                             material terms of the lease agreement including the rent amount, the notice requirement for
                             terminating the lease and the permitted uses of the premises. Many of the standard
                             clauses commonly used in these types of agreement are included in this document, but it
                             may be customized to ensure that the understandings of the parties are properly set forth.
                             This lease agreement should be used by a landlord and a tenant when entering into a
                             month-to-month lease.
             ®




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                            RESIDENTIAL LEASE AGREEMENT

THIS      RESIDENTIAL            LEASE       AGREEMENT             (hereinafter “Agreement”
) is made and entered into this _____ [Month] _____ [Date], 20_____, by and between
_________________________ [Instruction: Insert the name of landlord], residing at
_________________________ [Instruction: Insert the address of landlord] (hereinafter
“Landlord”), and ____________________________ [Instruction: Insert the name of tenant],
residing at _________________________ [Instruction: Insert the address of tenant]
(hereinafter “Tenant”). For the purpose of this Agreement, Landlord and Tenant may
individually be referred to as “Party” and collectively as “Parties”.

   WHEREAS, Landlord is the sole owner of certain real property together with all
appurtenances thereto, lying and situated in County of United States of America, State of South
Carolina, described in Exhibit-A (hereinafter “Premises”);

    WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions
as contained herein; and

    WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions
as contained herein;

    NOW, THEREFORE, for and in consideration of the covenants and obligations contained
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto hereby agree as follows:

1. TERM AND TERMINATION OF THE TENANCY.

   The term of this Agreement shall commence on _____ [Month] _____ [Date], 20_____, and
   shall continue from that date to _____ [Month] _____ [Date], 20_____ [Instruction: Insert
   the starting and end date of tenancy]. Either Landlord or Tenant terminates the tenancy by
   giving the other thirty (30) days written notice of an intention to terminate the tenancy. In the
   event such notice is given, Tenant agrees to pay all rent up to and including the notice period.

2. RENT.

   Tenant shall pay Landlord rent of ________ ($____) [Instruction: Insert the amount of
   rent payable] per month, payable in advance on the _______ (___)[Instruction: Insert the
   day, e.g. “first (◊ 1st)”] day of each month. If that day falls on a weekend or legal holiday,
   the rent is due on the next business day. Rent shall be paid by personal check, money order or
   cashier’s check only, to Landlord at Landlord's address as set forth in the preamble to this
   Agreement or at such other place as Landlord shall designate from time to time.

3. LATE CHARGE/BAD CHECKS.

   If rental payments are not received by the date due, a collection charge of ________ ($____)
   [Instruction: Insert the amount of late charge, e.g., “ten dollars (◊ $10)”] in addition to
   the monthly rent will immediately become due and payable. In addition, for each check not
   honoured by the bank or trust company upon which it is drawn, a collection charge of


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   __________ ($_______) [Instruction: Insert the amount of charge for dishonor of
   checks, e.g., “ten dollars (◊ $10)”] in addition to the monthly rent will become immediately
   due and payable.

4. SECURITY / DAMAGE DEPOSIT.

   Tenant shall deposit with landlord the sum of three (3) month rent as a security deposit to
   secure Tenant's faithful performance of the terms of this lease. The security deposit shall not
   exceed two times the monthly rent. After the Tenant has vacated, leaving the Premises
   vacant, the Landlord may use the security deposit for the cleaning of the Premises, any
   unusual wear and tear to the Premises or common areas, and any rent or other amounts owed
   pursuant to the Agreement.

5. USE OF PREMISES.

   The Premises shall be used and occupied by Tenant and Tenant's immediate family,
   consisting of: [Instruction: Insert the names of members of Tenant’s immediate family]

   ____________________________________________,

   ____________________________________________,

   ____________________________________________,

   ____________________________________________,

   exclusively, as a private single family dwelling, and no part of the Premises shall be used at
   any time during the term of this Agreement by Tenant for the purpose of carrying on any
   business, profession, or trade of any kind, or for any purpose other than as a private single
   family dwelling. Tenant shall not allow any other person, other than Tenant's immediate
   family or transient relatives and friends who are guests of Tenant, to use or occupy the
   Premises without first obtaining Landlord's written consent to such use. Tenant shall comply
   with any and all laws, ordinances, rules and orders of any and all governmental or quasi
   governmental authorities affecting the cleanliness, use, occupancy and preservation of the
   Premises.

6. ASSIGNMENT AND SUBLETTING

   Tenant shall not assign this Agreement, or sublet or grant any license to use the Premises or
   any part thereof without the prior written consent of Landlord. Consent by Landlord to one
   such assignment, subletting or license shall not be deemed to be a consent to any subsequent
   assignment, subletting or license. An assignment, subletting or license without the prior
   written consent of Landlord or an assignment or subletting by operation of law shall be
   absolutely null and void and shall, at Landlord's option, terminate this Agreement.




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7. CONDITION OF THE PREMISES.

   Tenant agrees to:

   a. properly use, operate and safeguard the Premises and all furniture and furnishings,
         appliances and fixtures within the Premises;

   b. Maintain the Premises in clean and sanitary condition, and upon termination of the
         tenancy, to surrender the Premises to Landlord in the same condition as when Tenant
         first took occupancy, except for ordinary wear and tear;

   c. If the surrounding grounds are part of the Premises and for exclusive use of Tenant,
          Tenant agrees to irrigate and maintain the surrounding grounds in a clean and safe
          manner, keeping the grounds clear of rubbish and weeds and trimming all grass and
          shrubbery as necessary to effect a neat and orderly appearance to the property;

   d. Notify Landlord in writing upon discovery of any damages, defects or dangerous
         conditions in and about the Premises; and

   e. Reimburse Landlord for the cost of any repairs to the Premises or damages caused by
         misuse or negligence of Tenant or their guests or invitees.

   Tenant acknowledges that the Premises have been inspected. Tenant acknowledges that said
   Premises have been cleaned and all items, fixtures, appliances, and appurtenances are in
   complete working order. Tenant promises to keep the Premises in a neat and sanitary
   condition and to immediately reimburse Landlord for any sums necessary to repair any item,
   fixture or appurtenance that needed service due to Tenant's, or Tenant's invitee, misuse or
   negligence.

8. LEAD BASED PAINT DISCLOSURE.

   By initialing, Tenant acknowledges receipt of disclosure of information on lead based paint
   and lead based paint hazards. __________ [Instruction: Insert the initial of Tenant]

   [Comment: Housing built before 1978 may contain lead based paint. Lead from paint,
   paint chips, and dust can pose health hazards if not managed properly. Lead exposure
   is especially harmful to young children and pregnant women. Before renting pre 1978
   housing, Landlord must disclose the presence of known lead based paint and/or lead
   based paint hazards in the dwelling. Tenant must also receive a federally approved
   pamphlet on lead poisoning prevention.]

9. ALTERATIONS AND IMPROVEMENTS.

   a. Tenant shall make no alterations to the buildings or improvements on the Premises or
      construct any building or make any other improvements on the Premises without the prior
      written consent of Landlord. Any and all alterations, changes, and/or improvements
      built, constructed or placed on the Premises by Tenant shall, unless otherwise provided
      by written agreement between Landlord and Tenant, be and become the property of


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       Landlord and remain on the Premises at the expiration or earlier termination of this
       Agreement.

   b. If the Premises are damaged or destroyed as to render them uninhabitable, then either
      Landlord or Tenant shall have the right to terminate this Agreement as of the date on
      which such damage occurs, through written notice to the other Party to be given within
      ___________ (___)[Instruction: Insert the number of days, e.g. “fifteen (◊ 15)”] days
      of occurrence of such damage. However, if such damage should occur as the result of the
      conduct or negligence of Tenant or Tenant’s guests or invitees, Landlord only shall have
      the right to termination and Tenant shall be responsible for all losses, including, but not
      limited to, damage and repair costs as well as loss of rental income.

10. INSPECTION OF PREMISES.

   a. Landlord and Landlord's agents shall have the right at all reasonable times during the
      term of this Agreement and any renewal thereof to enter the Premises for the purpose of
      inspecting the Premises and all buildings and improvements thereon. And for the
      purposes of making any repairs, additions or alterations as may be deemed appropriate by
      Landlord for the preservation of the Premises or the building. The right of entry shall
      likewise exist for the purpose of removing placards, signs, fixtures, alterations or
      additions that do not conform to this Agreement or to any restrictions, rules or regulations
      affecting the Premises.

   b. Except in case of emergency, Landlord shall give Tenant reasonable forty eight (48)
      hours written notice of intent to enter. In order to facilitate Landlord’s right of access,
      Tenant shall not, without Landlord’s prior written consent, add, alter or re-key any locks
      to the Premises. Tenant further agrees to notify Landlord in writing if Tenant installs any
      burglar alarm system, including instructions on how to disarm it in case of emergency
      entry.

11. ANIMALS.

   [Instruction: Choose any one option]

   Tenant shall be entitled to keep no more than ___________ (___)[Instruction: Insert the
   number, e.g. “two (◊ 2)”] domestic dogs, cats or birds; however, at such time as Tenant
   shall actually keep any such animal on the Premises. [Instruction: Choose this clause if
   tenant is entitled to keep pets in the premises]

                                                   Or

   Tenant agrees that, no animals, birds, other pets of any kind whatsoever shall be brought on
   the Premises without the prior written consent of the Landlord. [Instruction: Choose this
   clause if tenant is not entitled to keep any pets in the premises]




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12. LIQUID-FILLED FURNITURE.

   Tenant shall not use or have any liquid-filled furniture on the Premises without Landlord’s
   prior written consent.

13. QUIET ENJOYMENT.

   Tenant shall be entitled to quiet enjoyment of the Premises. Tenant shall not use the Premises
   in such a way as to violate any law or ordinance, commit waste or nuisance, or annoy,
   disturb, inconvenience, or interfere with the quiet enjoyment of any other or nearby resident.

14. INSURANCE DISCLAIMERS.

   Tenant assumes full responsibility for all personal property placed, stored or located on or
   about the Premises. Tenant’s personal property is not insured by Landlord. Landlord
   recommends that Tenant obtain insurance to protect against risk of loss from harm to
   Tenant’s personal property. Landlord shall not be responsible for any harm to Tenant’s
   property resulting from fire, theft, burglary, strikes, riots, orders or acts of public authorities,
   acts of nature or any other circumstance or event beyond Landlord’s control.

15. INDEMNIFICATION.

   Tenant expressly releases Landlord from any and all liability for any damages or injury to
   Tenant, or any other person, or to any property, occurring on the Premises unless such
   damage is the direct result of the negligence or unlawful act of Landlord or Landlord’s
   agents.

16. POSSESSION OF THE PREMISES.

   The failure of Tenant to take possession of the Premises shall not relieve him of his
   obligation to pay rent. If Landlord is unable to deliver possession of the Premises for any
   reason not within Landlord’s control, Landlord shall not be liable for any damage caused
   thereby, nor will this Agreement be void or voidable, but Tenant shall not be liable for any
   rent until possession is delivered. If Landlord is unable to deliver possession within _______
   (___)[Instruction: Insert the number of days, e.g. “four (◊ 4)”] calendar days after the
   agreed commencement date, Tenant may terminate this Agreement by giving written notice
   to Landlord, and shall receive a refund of all rent and security deposits paid.

17. HAZARDOUS MATERIALS.

   Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive
   character that might unreasonably increase the danger of fire or explosion on the Premises or
   that might be considered hazardous or extra hazardous by any responsible insurance
   company.

18. UTILITIES.




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   Tenant shall be responsible for arranging for and paying for all utility services required on
   the Premises except ____________________.

19. SEVERABILITY.

   If any provision of this Agreement or the application thereof shall, for any reason and to any
   extent, be invalid or unenforceable, neither the remainder of this Agreement nor the
   application of the provision to other persons, entities or circumstances shall be affected
   thereby, but instead shall be enforced to the maximum extent permitted by law.

20. GOVERNING LAW.

   This Agreement shall be governed, construed and interpreted by, through and under the Laws
   of the State of South Carolina.

21. NON-WAIVER.

   No indulgence, waiver, election or non election by Landlord under this Agreement shall
   affect Tenant's duties and liabilities hereunder.

22. CONDITIONS OF NEIGHBORHOOD.

   Landlord hereby advises Tenant to satisfy him or herself of all of Tenant's requirements
   regarding the area and neighborhood conditions, including but not limited to schools,
   location and sufficiency of law enforcement, crime rate, proximity of registered offenders or
   felons, fire service and protection, and other governmental services; availability, sufficiency
   and cost of any wired or wireless internet connections, or any other telecommunications or
   technology services; proximity to industrial, commercial, or agricultural activities; existing
   and proposed construction, development, and transportation that may affect noise, traffic, or
   view; airport noise, or noise or odor from any source; domestic and wild animals; other
   nuisances, circumstances, or hazards; cemeteries; condition of any facilities or common
   areas; conditions and influences of significance to certain cultures and/or religions; and
   personal needs, preferences, and requirements of Tenant.

23. NOTICE.

   Any notice required or permitted under this lease or under state law shall be deemed
   sufficiently given or served if sent by United States certified mail, return receipt requested,
   addressed as follows:

   If to Landlord to:                  _____________________________________

                                       _____________________________________

                                       _____________________________________

                                       _____________________________________




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   If to Tenant to:                    _____________________________________

                                       _____________________________________

                                       _____________________________________

                                       _____________________________________

   Landlord and Tenant shall each have the right from time to time to change the place notice is
   to be given under this paragraph by written notice thereof to the other Party.

24. ADDITIONAL PROVISIONS.

   ___________________________________________________________________________
   ___________________________________________________________________________
   [Instruction: Insert any additional provisions required and agreed by the Parties]

25. ENTIRE AGREEMENT.

   This document constitutes the entire agreement between the Tenant and Landlord. This
   Agreement cannot be modified except in writing and must be signed by all Parties. Neither
   Landlord nor Tenant has made any promises or representations, other than those set forth in
   this Agreement and those implied by law. The failure of Tenant or their guests or invitees to
   comply with any term of this Agreement is a ground for termination of the tenancy, with
   appropriate notice to Tenant and procedures as required by law.

IN WITNESS WHEREOF, the said Parties hereto have hereunto set their hands and seals as of
the date first here above written.



_____________________________________
[Instruction: Insert Signature of Landlord]


_____________________________________________
[Instruction: Insert typed/printed name of Landlord]


___________________________________
[Instruction: Insert Signature of Tenant]


___________________________________________
[Instruction: Insert typed/printed name of Tenant]




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                                            EXHIBIT-A

                   [Instruction: Insert the legal description of the property]




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Description: This Residential Lease Agreement is used by a South Carolina landlord to lease a residential property to a tenant on a month-to-month basis. This document contains the material terms of the lease agreement including the rent amount, the notice requirement for terminating the lease and the permitted uses of the premises. Many of the standard clauses commonly used in these types of agreement are included in this document, but it may be customized to ensure that the understandings of the parties are properly set forth. This lease agreement should be used by a landlord and a tenant when entering into a month-to-month lease.
This document is also part of a package Essential South Carolina Legal Documents 145 Documents Included