South Carolina Short Term Rental Agreement

April 12th, 2021

by Andrew Verboncouer

SECTION 27-50-210. In a short title. This article can be quoted as the South Carolina Vacation Rental Act. HISTORY: Law 336, Section 2.SECTION 27-50-220. Scope of the article. (A) This article applies to all rental management companies acting on behalf of an owner or any other person or entity that is otherwise active in the rental or management of a dwelling for holiday apartments covered in this article. (B) This article does not apply: (1) Accommodation of hotels, motels, tourist campsites or campsites subject to Title 45 provisions, including hotels, motels or condominiums with multiple owners owning and managing individual units or unit groups, renting units daily or more, providing a reception or office office for customer service or a central telephone system. or provide cleaning services at no additional cost;2) any distribution of vacation periods within the meaning of section 27-32-10(7) and (8); or (3) the rental of a dwelling on a weekly or monthly basis, in accordance with Chapter 40 of this title; South Carolina Residential Landlord and Tenant Act.HISTORY: 2002 Act No. 336, Section 2.SECTION 27-50-230. Definitions.As used in this article: (1) “housing” refers to an apartment, condo, detached house, townhouse, holiday home or other property dedicated to one or more persons for a specified or indeterminate period. (2) “rental management company,” a licensed, paying or broker real estate administrator, as well as employees and employees who manage vacation apartments.

(3) “holiday apartment,” renting, subletting or any other rental of a dwelling for less than ninety days, with the exception of the rental of accommodation on a weekly or monthly basis, in accordance with Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act. (4) “holiday rental contract,” a written agreement between a landlord or the owner`s company and a tenant in which the tenant leases the owner`s property for an apartment. This definition includes electronic agreements, including, but not limited, internet agreements and electronic facsimiles. (5) “apartment management contract,” a written agreement between the owner and the owner company in which the rental company manages the owner`s property for an apartment. This definition includes electronic agreements, including, but not limited, internet agreements and electronic facsimiles. HISTORY: Law 336, Section 2.SECTION 27-50-240. Holiday contracts; Proof of acceptance Trust accounts; Advances Responsibilities of the rental management company. (A) The owner or landlord and tenant must use a written rental agreement for all holiday apartments in accordance with the provisions of this article. No tenancy agreement is valid and enforceable unless the tenant has accepted the agreement, as evidenced by at least one of the following evidence:1) the tenant`s signature on the tenancy agreement, including electronic signatures transmitted via the Internet or by a similar medium;2) the payment of funds for the lease; and (3) the tenant`s assumption of the property, subject to the rental agreement. (B) A rental management company in a vacation rental agreement must tax all funds received from the tenant in a trust account that meets the requirements of Section 40-57-135 (B). The rental company may require the tenant to pay all or part of the rent, deposit or other fees in advance before the lease.

The terms of these advances, which cannot be refundable, must be specified in the lease. (C) A leasing management company that executes a lease agreement that does not comply with the provisions of this section or that does not execute a lease agreement is subject to disciplinary action by the South Carolina Real Estate Commission pursuant to Section 40-57-145. (D) A rental management company is required to inform each owner of the obligations of the owner of this section as part of a contract with the owner company.

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