(A) An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this article. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:

(1) the tenant’s signature on the vacation rental agreement, including electronic signatures transmitted over the Internet or other similar medium;

contract signature

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Terms Used In South Carolina Code 27-50-240

  • Contract: A legal written agreement that becomes binding when signed.
  • Rental management company: means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals. See South Carolina Code 27-50-230
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Vacation rental: means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act. See South Carolina Code 27-50-230
  • Vacation rental agreement: means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. See South Carolina Code 27-50-230

(2) the tenant’s payment of any monies towards the vacation rental agreement; and

(3) the tenant’s taking possession of the property subject to the vacation rental agreement.

(B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of § 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.

(C) A rental management company that executes a vacation rental agreement that does not conform to the provisions of this article or fails to execute a vacation rental agreement is subject to disciplinary action by the South Carolina Real Estate Commission under § 40-57-145.

(D) A rental management company has a duty to inform each owner under contract with the rental management company of the owner’s obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner’s refusal or failure to comply with the requirements of this article. Nothing in this section may be construed to conflict with, or alter, the rental management company’s duties under the rules and regulations of the South Carolina Real Estate Commission.

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