How to Split Rent Fairly With Roommates in South Carolina

Living with roommates in South Carolina can save money and build community—if you handle rent splitting wisely. Whether you’re new to shared housing or dealing with a rent increase, learning some proven methods can prevent arguments and protect your rights as a renter. Here we break down popular rent splitting strategies, key considerations under South Carolina law, and official resources every roommate should know about.

Common Rent Splitting Strategies (and How to Choose)

Rent can be split among roommates in several ways. Choosing the right method depends on your group’s needs, the apartment layout, and each person's circumstances. Here are common approaches:

• Even Split: Divide the total rent equally. Works best if rooms and amenities are similar.
• By Room Size/Amenities: Adjust each share based on room size or features, like private bathrooms.
• Income-Based Split: Each person pays a percentage based on their monthly income.
• Utilities Included: Agree on whether utilities are split similarly or another way.

Communicate early and document your agreement in writing. If your names are all on the lease, you are each legally responsible for the full rent amount under South Carolina law.

Legal Basics for Shared Housing in South Carolina

South Carolina renters have certain protections and responsibilities, especially in shared situations. The main legislation covering rentals is the South Carolina Residential Landlord and Tenant Act.^[1] The state’s official residential tenancy and dispute matters are handled by the South Carolina Magistrate Court.^[2]

Key points for roommates:

• Each signer on the lease is jointly and severally liable; if one roommate doesn't pay, the others could be legally pursued for the balance.
• Roommates not on the lease may have fewer rights and can be asked to leave by the primary tenant or landlord.
• If you’re considering subletting, South Carolina does not have statewide rules on subleasing. Check your lease; many prohibit subletting unless the landlord agrees in writing.

Official Forms and When to Use Them

While South Carolina doesn’t offer a specific 'roommate agreement' form, you can keep things formal with a written agreement between roommates, outlining payment structure and house rules. For legal notices or disputes, consider these official forms:

• Seven-Day Notice for Nonpayment of Rent
  Use if a roommate (who is also a tenant) fails to pay their share and you want the landlord to initiate action.
  Download the SCCA/732 Notice of Termination
  For example, if your roommate is named on the lease and stops paying, you can ask the landlord to serve this notice after 5 days of missed rent as required by law.
• Complaint (For Nonpayment or Lease Violation)
  Landlords use this to start eviction for nonpayment or lease breaches.
  South Carolina Magistrate Court – Rule to Vacate

If you and your roommates are splitting rent informally, it’s wise to draft and sign a roommate agreement—even a simple one—so everyone’s contributions and responsibilities are clear.

What to Do if a Roommate Misses Their Share

If a roommate doesn't pay their portion:

• Talk it over—sometimes a quick conversation can resolve misunderstandings.
• Check your lease and your roommate agreement to confirm everyone’s obligations.
• If unresolved and you’re all on the lease, notify your landlord right away. As co-tenants, you are all at risk.
• The landlord may issue a Notice of Termination for Nonpayment. This could start the eviction process.

If a roommate isn’t on the lease, you may need to formally ask them to leave or file for eviction in Magistrate Court, but only the primary tenant or landlord typically has legal standing to do so.

Ensuring a Peaceful Shared Living Situation

To keep your shared home running smoothly, consider these additional renter tips:

• Review and understand South Carolina rental laws before signing any agreement.
• Create a fair and customized split—no one-size-fits-all solution exists.
• Set up a shared payment system (bank app, payment schedule) for transparency.
• Document all payments and agreements in writing or digitally.
• Address problems early to avoid legal complications.

FAQ: Roommates and Shared Housing in South Carolina

1. Who is responsible for rent if my roommate stops paying?
   All tenants on the lease are jointly responsible for unpaid rent. The landlord may pursue the full balance from any one tenant.
2. Can I have a verbal roommate agreement instead of a written one?
   While verbal agreements can be valid, a written roommate agreement is much easier to enforce and prevents misunderstandings.
3. What are my steps if my roommate won’t leave?
   If your roommate is not on the lease, the main tenant may give them notice to move. If they refuse, the tenant can file in Magistrate Court for their removal.
4. Is subletting legal in South Carolina?
   The law does not address subletting specifically. It depends on your lease terms and landlord’s written approval.
5. Where do I go if I have a dispute over rent with a roommate?
   You can try mediation or, for legal action, bring your case to the Magistrate Court.

Key Takeaways for South Carolina Roommates

• Fair and clear rent splitting is crucial—put it in writing for everyone’s protection.
• Know your official tenant responsibilities under the South Carolina Residential Landlord and Tenant Act.
• If a dispute arises, South Carolina Magistrate Court is the main resource for tenant issues.

Need Help? Resources for Renters

• South Carolina Magistrate Court – Handles residential tenancy disputes, eviction, and rental complaints.
• South Carolina Residential Landlord and Tenant Act – Read the full act for all legal rights and responsibilities.
• South Carolina Legal Services – Free or low-cost legal assistance for qualifying renters.
• South Carolina Department of Consumer Affairs – Renter information and complaint resources.

---

1. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
2. South Carolina Magistrate Court – Residential Rental Disputes

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations