S.C. Code Ann. § 15-67-440
Restitution of possession to tenants for years
Operative Text
The court authorized and enabled upon inquiry to give restitution of possession unto tenants of any estate of freehold of their lands or tenements which shall be entered upon with force or from them withholden by force shall have the like and the same authority and ability, upon indictment of such forcible entries or forcible withholdings before them duly found, to give like restitution of possession unto tenants for terms of years of lands or tenements by them so holden which shall be entered upon by force or holden from them by force.
Section 15-67-440 of the South Carolina Code extends the court's power to restore possession of property to a broader class of tenants. Specifically, courts that already have authority to return land to freehold tenants who have been forcibly displaced or unlawfully kept out also have the same authority to restore possession to tenants holding a fixed-term lease when those tenants face the same kind of forcible entry or forcible withholding. This equalization of remedies means that term-of-years tenants are not left without a judicial path to reclaim their rightful possession.
Plain English — not legal advice.
Under S.C. Code Ann. § 15-67-440, property owners and managers should understand that using or threatening force to enter a leased property or to prevent a term-of-years tenant from accessing it exposes them to the same court-ordered restitution process that applies in freehold disputes. Compliant operators generally rely on lawful eviction procedures rather than self-help measures to resolve possession disputes. Maintaining documented, lawful processes for any change in occupancy is consistent with operating within the boundaries this provision establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 15-67-440 recognizes that tenants holding a fixed-term lease have the right to seek court-ordered restoration of possession if they are forcibly removed from or forcibly kept out of their rental property. This provision places term-of-years tenants on equal legal footing with freehold tenants when it comes to judicial remedies for forcible entry or forcible withholding. Tenants who believe they have been unlawfully displaced may explore filing an action in the appropriate South Carolina court or reaching out to a tenant-rights organization to understand the options available under this provision.
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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