S.C. Code Ann. § 27-40-310
Terms and conditions of rental agreement
Operative Text
(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (b) In absence of agreement, the tenant shall pay as rent the fair-market rental value for the use and occupancy of the dwelling unit. (c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day to day. (d) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month.
Section 27-40-310 of the South Carolina Residential Landlord and Tenant Act establishes the basic framework for rental agreements, covering what terms parties may set, how rent is determined when no agreement exists, when and where rent must be paid, and how tenancy duration is classified. If a lease is silent on rent, the tenant owes the fair-market rental value for the unit. When no fixed term is established, the law defaults to a week-to-week tenancy for roomers paying weekly and a month-to-month tenancy in all other situations. Rent is generally due at the start of each rental period without the landlord needing to make a demand, and it accrues proportionally on a daily basis unless the parties agree otherwise.
Plain English — not legal advice.
Under § 27-40-310, compliant operators typically put all material terms—rent amount, due date, payment location, and lease duration—in a written rental agreement to avoid reliance on statutory defaults. If a written agreement does not specify a payment location, the law presumes rent is payable at the dwelling unit itself, so landlords who prefer a different arrangement generally document that preference in writing and provide written notice to the tenant. Operators also benefit from specifying a fixed lease term, because without one the tenancy automatically defaults to month-to-month (or week-to-week for weekly-paying roomers) under this section, which affects notice requirements for termination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-310 gives tenants the right to negotiate and include a wide range of terms in their rental agreement, as long as those terms are not prohibited by South Carolina law. If a tenant has no written lease or the lease does not specify rent, the statute limits what a landlord can charge to the fair-market rental value of the unit. Tenants who believe a landlord is misapplying payment terms or tenancy classifications under this section may wish to review their lease carefully, contact a local tenant-rights organization, or consult with a housing attorney to understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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