South Carolina Laws on Automatic Lease Renewal: Renter’s Guide

Understanding how automatic lease renewal works in South Carolina can help you avoid unwanted rental commitments or sudden changes. This renter’s guide covers the essentials of lease renewals, notice requirements, and your tenant rights under South Carolina law.

What Is Automatic Lease Renewal?

Automatic lease renewal, also known as a “holdover tenancy” or “roll-over lease,” occurs when your rental lease continues after the original term ends. If neither you nor your landlord gives notice to end or change the agreement, some leases will automatically renew—often as a month-to-month tenancy.

South Carolina Laws on Lease Renewal

In South Carolina, lease renewals are governed by the South Carolina Residential Landlord and Tenant Act^[1]. The law explains how and when a rental agreement renews and the notice each party has to give if they do not want to continue the lease.

How Leases Renew Automatically

• Fixed-Term Leases (e.g., 1-year lease): Usually expire at the end of the period. Unless your lease says otherwise, neither party has to give notice to end it. However, if you stay and keep paying rent with your landlord’s consent, the lease may continue month-to-month.
• Month-to-Month Leases: Automatically renew each month unless notice is given by either party.
• Notice Requirements: South Carolina law typically requires at least 30 days’ written notice to end a month-to-month tenancy, whether by the landlord or tenant.

Where to Find Your Lease Renewal Terms

• Check your written lease for any "automatic renewal" or "evergreen" clauses that may require specific actions.
• Read any renewal deadlines or notice requirements included in your contract.

Your Rights and Protections

If your lease is set to end soon and you do not wish to renew, providing written notice to your landlord is essential. If your landlord wants you to move out or change your lease terms, they must also follow proper notice rules.

Official Notice Form: 30-Day Notice of Termination

• Form Name: 30-Day Notice of Termination
• When to Use: Give this written notice if you wish to move out at the end of a month-to-month lease or do not want automatic renewal.
  Example: You are renting month-to-month and want to move at the end of next month. Deliver this notice to your landlord at least 30 days in advance.
• Where to Find: South Carolina law does not mandate a standardized government form, but your written notice should state your intent to terminate the tenancy, your address, planned move-out date, and be signed and dated.
  See Section 27-40-770 of the South Carolina Residential Landlord and Tenant Act.

How to Provide Proper Written Notice

• Write a dated letter including your name, rental address, move-out date, and your intent to end the lease.
• Send notice by certified mail or hand-deliver it, keeping a copy for your records.
• Send the notice at least 30 days before your intended move-out date (for month-to-month leases).

What Happens If You or Your Landlord Don’t Give Notice?

If nobody provides notice, your original lease may continue month-to-month by law, and both you and your landlord must give 30-days’ notice to end the arrangement going forward. If required notice is not given, the tenancy may continue and you may be liable for rent for another monthly period.

Which Agency Handles Lease Disputes in South Carolina?

Most residential tenancy disputes in South Carolina are handled by your local County Magistrate Court. You can learn more or locate your court on the South Carolina Judicial Branch – Magistrate Court Page.^[2]

Action Steps: Ending or Avoiding Automatic Lease Renewal

• Review your current lease for automatic renewal clauses and deadlines.
• Decide if you plan to stay or move after the lease ends.
• Provide written notice 30 days in advance (for month-to-month) or as required by your contract.
• Confirm your landlord received your notice.
• Keep copies of all communications.

Frequently Asked Questions

1. Do I have to move out when my South Carolina lease ends?
   If your lease is for a fixed term and does not automatically renew, you must move out unless you and your landlord agree otherwise or you establish a month-to-month tenancy by continuing to pay rent with their consent.
2. How much notice do I need to give to end my lease?
   For a month-to-month lease, South Carolina law requires at least 30 days' written notice to your landlord.
3. What if my landlord wants to increase rent or change terms?
   Your landlord must provide at least 30 days' written notice before the change can take effect if you are renting month-to-month.
4. Can my lease automatically renew for another full year?
   Automatic renewal for the full original lease term can only happen if your lease expressly includes that clause. Otherwise, it typically becomes a month-to-month agreement.
5. Who do I contact for landlord-tenant disputes in South Carolina?
   You can contact your County Magistrate Court, which handles residential tenancy disputes, including lease renewals.

Need Help? Resources for Renters

• South Carolina Magistrate Court Locator – for filing disputes and learning about court procedures
• South Carolina Residential Landlord and Tenant Act – official legislation covering leases and renewals
• South Carolina Legal Services – free legal advice for eligible tenants
• SC Department of Consumer Affairs – Tenant Rights – guidance on tenants’ protections and complaint forms

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1. South Carolina Residential Landlord and Tenant Act
2. South Carolina Judicial Branch – Magistrate Court

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