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South Carolina month-to-month lease agreement
Written for South Carolina law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
South Carolina rules that apply
- Ending a month-to-month tenancy
- 30 days
- written notice before the termination date
- S.C. Code Ann. § 27-40-770 (b)
- Rent increase notice
- None set
- the Act sets no notice period, and local rent control is banned
- S.C. Code Ann. §§ 27-40-10 to 27-40-940S.C. Code Ann. § 27-39-60
Ending a month-to-month tenancy
Either you or the tenant may end a month-to-month tenancy with written notice given at least 30 days before the termination date it states. A week-to-week tenancy takes at least 7 days' written notice.
S.C. Code Ann. § 27-40-770 (a), (b)
More detail (2)
- Without a fixed term, a tenancy is week to week for a roomer paying weekly rent and month to month in every other case. S.C. Code Ann. § 27-40-310 (d)
- If the tenant stays without your consent after the lease ends, you may sue for possession. If the holdover is not in good faith you may recover attorney's fees; if it is wilful, up to three months' rent or twice your actual damages, whichever is greater. If you consent, the tenancy continues month to month. S.C. Code Ann. § 27-40-770 (c)
The Rentari South Carolina lease states the 30-day and 7-day notices and the holdover rules.
Rent increase notice
The Residential Landlord and Tenant Act sets no notice period or limit for a rent increase on a house or apartment, and cities and counties may not regulate private rents. For a manufactured home park lot, the owner must give at least 30 days' notice before a new rental rate takes effect when the tenancy continues past its original term. A month-to-month tenancy can be ended on 30 days' written notice.
S.C. Code Ann. §§ 27-40-10 to 27-40-940 S.C. Code Ann. § 27-40-770 (b) S.C. Code Ann. § 27-39-60 S.C. Code Ann. § 27-47-420
More detail (2)
- You may not raise rent above fair market value in retaliation for a code complaint to a government agency or a complaint to you about a violation of the Act. S.C. Code Ann. § 27-40-910 (a) See Retaliation on the South Carolina page
- For a manufactured home park lot whose tenancy continues past the original term, give the resident at least 30 days' notice before the new rental rate takes effect. S.C. Code Ann. § 27-47-420