S.C. Code Ann. § 27-35-170
Holding over following demand for possession; penalty
Operative Text
All tenants, whether for life or years, by sufferance or at will, or persons coming in under or by collusion with them who shall hold over after the legal determination of their estates, after demand made in writing for delivering possession thereof by the person having the reversion or remainder therein or his agent, for the space of three months after such demand shall forfeit double the value of the use of the premises, recoverable by action.
Under S.C. Code Ann. § 27-35-170, a tenant who remains in a rental property after their tenancy has legally ended—and after the landlord or the landlord's agent has made a written demand for the return of possession—may be held liable for double the fair rental value of the property for each month they continue to hold over beyond a three-month window following that demand. This rule applies broadly to tenants holding under any type of tenancy arrangement, as well as to third parties who occupy the premises through collusion with the tenant. The remedy is pursued through a civil court action brought by the party entitled to possession.
Plain English — not legal advice.
Property owners and managers operating under S.C. Code Ann. § 27-35-170 generally ensure that any demand for possession at the end of a tenancy is made in writing and delivered by the landlord or an authorized agent. Compliant operators document the date of that written demand carefully, since the three-month period referenced in the provision begins running from that point. Landlords who need to recover the premises and seek the double-value remedy typically initiate a civil court action after the statutory conditions have been met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-35-170 establishes that tenants who remain in a property after their tenancy has legally ended and after receiving a written demand for possession may face a civil claim for double the rental value of the premises. Tenants in this situation have the right to understand the basis and timing of any written demand made against them, as the three-month period and the form of the demand are both legally significant. Those facing a holdover claim may wish to consult a tenant-rights organization or a licensed attorney familiar with South Carolina landlord-tenant law to understand available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation