S.C. Code Ann. § 27-35-180

Penalty for not delivering possession after notice of intent to quit

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaLease Requirements

Operative Text

S.C. Code Ann. § 27-35-180
In case any tenant shall give notice in writing of his intention to quit the premises rented by him and shall not accordingly deliver up the possession at the time in such notice contained, the tenant, his executors or administrators, shall pay to the landlord double the rent which he otherwise would have been liable to pay. But nothing herein contained shall be construed to give such tenant a right to discontinue or determine his tenancy by such notice in any other manner than according to the laws of force at the time of giving such notice.
Source: Legislative text reproduced verbatim
Plain English

Under S.C. Code Ann. § 27-35-180, when a tenant gives written notice of their intent to vacate a rental property but then fails to actually surrender possession by the date stated in that notice, the tenant becomes liable for double the rent that would otherwise have been owed. This penalty extends to the tenant's estate, meaning executors or administrators can also be held responsible. The provision also clarifies that giving such a notice does not itself create a new or independent right to end a tenancy outside of whatever termination rules otherwise apply under South Carolina law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under S.C. Code Ann. § 27-35-180, landlords in South Carolina have a statutory remedy when a tenant's written notice to vacate goes unfulfilled. Operators who receive a written notice of intent to quit generally document the notice carefully, note the stated departure date, and track whether possession is actually delivered on time. If the tenant remains beyond the promised date, the landlord may be entitled to pursue double rent for the holdover period, and that claim can extend to the tenant's estate if applicable.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

S.C. Code Ann. § 27-35-180 establishes that a tenant who gives written notice of an intent to vacate but does not leave by the stated date may owe double the normal rent for the period they remain. Tenants should be aware that this obligation can survive them and bind their estate through executors or administrators. Those who have questions about how this provision interacts with their lease terms or other South Carolina tenancy laws may wish to consult a tenant-rights organization or legal aid service for general information about their situation.

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

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 27-35-150

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 19, 2026, 02:15 PM UTC