South Carolina Subletting Laws: Rules for Renters

Thinking about subletting your rental apartment or home in South Carolina? Understanding the current laws is essential before you make any arrangements with a prospective subtenant. This guide breaks down your rights, what’s required, and how to protect yourself if you’re a renter in the Palmetto State.

Can You Legally Sublet in South Carolina?

In South Carolina, the law does not automatically give tenants the right to sublet. Your permission to sublease depends on what your rental agreement states. If your lease does not mention subletting, you must get written consent from your landlord before moving forward.^[1]

• If your lease prohibits subletting, you cannot legally sublease.
• If your lease allows or does not mention subletting, you still need landlord approval in writing.
• Subletting without approval may result in eviction or financial penalties.

It's crucial to review your current lease, as subletting terms can vary widely between agreements.

How to Request Permission to Sublet

South Carolina law requires tenants to obtain their landlord’s written approval before subletting. This is usually done by submitting a Sublease Request in writing to your landlord.

• Provide the reason you want to sublet
• Give the proposed subtenant’s details
• List the sublease term dates and any changes to payment details

There is no statewide official sublease request form, but you should always keep copies of any written requests and responses.

Your Responsibilities as a Sublessor

If your landlord approves, you (the original tenant) are still responsible for:

• Ensuring rent is paid in full and on time
• Any damages caused by the subtenant
• Compliance with all lease and legal obligations

What Happens If You Sublet Without Permission?

Subletting without your landlord’s written consent may be considered a lease violation. This can allow your landlord to begin eviction proceedings under the South Carolina Residential Landlord and Tenant Act.^[1]

If you receive an eviction notice or have concerns about your rights, you can contact the Magistrate Court (Summary Court Civil Division), South Carolina's official tribunal for residential tenancies.^[2]

Official Forms You May Need

• Sublease Agreement (No Official State Form):
  South Carolina does not provide a government-issued sublease form. It’s recommended to prepare a written agreement including:
  • Names of all parties (you, subtenant, and landlord)
  • Rental property address
  • Term and rent details
  • Responsibilities and signatures of all parties
  Example use: If your landlord approves the sublet, use this agreement to outline terms. Share copies with your landlord and subtenant.
• Notice of Intent to Vacate (Landlord and Tenant Act):
  If you wish to end your original lease completely, you may also need to provide official notice. Check Section 27-40-730 for notice requirements.

Which Tribunal Handles Subletting or Lease Disputes?

In South Carolina, residential tenancy issues (including subleasing disputes) are overseen by the Magistrate Court (Summary Court Civil Division). This court handles eviction actions, lease violations, and security deposit disputes.

Relevant South Carolina Legislation

The main law covering all rental relationships—including subleasing—is the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. §§ 27-40-10 to 27-40-940).^[1] Tenants and landlords should always refer to this act for the most current rules and regulations.

FAQ: Subletting and Shared Housing in South Carolina

1. Can I sublet if my lease is silent on the issue?
   If your lease doesn’t mention subletting, you must still request and obtain your landlord’s written approval before subletting to another person.
2. What if my landlord refuses to allow subletting?
   Landlords are not required to allow subletting unless your lease specifically states permission. Attempts to sublease without approval could result in eviction.
3. Who is responsible if a subtenant causes damage?
   The original tenant remains responsible for any damages or missed rent payments caused by their subtenant for the duration of the lease.
4. How do I end a sublease in South Carolina?
   Include clear start and end dates in the sublease agreement. Follow your main lease’s notice rules and inform your landlord in writing when ending a sublease.
5. Where do I go if I have a legal dispute over subletting?
   Most rental disputes, including those involving subletting, are handled by the Magistrate Court (Summary Court Civil Division).

Key Takeaways for Renters

• Always check your lease before subletting, and obtain written permission from your landlord.
• Use a written sublease agreement to protect all parties involved.
• If issues arise, consult the Magistrate Court or state tenant resources for assistance.

These main steps will help you safely sublet your rental unit and avoid legal trouble in South Carolina.

Need Help? Resources for Renters

• Read the South Carolina Residential Landlord and Tenant Act
• Contact the South Carolina Magistrate Court (Summary Court Civil Division)
• South Carolina Legal Services – Tenant Support
• SC Department of Consumer Affairs: Tenants and Landlords

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1. South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40)
2. South Carolina Magistrate Court – Landlord/Tenant Information

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