S.C. Code Ann. § 27-35-70
Person deemed in possession of real estate
Operative Text
In all cases of tenancy the owner, landlord or person entitled to possession shall be deemed to be in possession of the real estate used or occupied by the tenant and the tenant shall be deemed to be holding thereunder.
Under S.C. Code Ann. § 27-35-70, South Carolina law establishes a legal fiction regarding possession of rented real estate: the owner, landlord, or person entitled to possession is treated as legally 'in possession' of the property even while a tenant occupies it, and the tenant is considered to hold the property under that owner's authority. This principle affects how courts and parties characterize the legal relationship between landlord and tenant with respect to the land itself. It is a foundational concept in South Carolina tenancy law that can bear on disputes involving trespass, ejectment, and other property-related claims.
Plain English — not legal advice.
Property owners and managers operating under South Carolina tenancy law should be aware that § 27-35-70 preserves their legal standing as the party 'in possession' of real estate even when a tenant is physically occupying the premises. This status can be relevant in legal proceedings—such as actions to recover possession or address unauthorized use of the property—because it affirms the landlord's continuing legal interest in and authority over the real estate. Compliant operators generally maintain clear documentation of their ownership or entitlement to possession, which supports their standing in any such proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-35-70, tenants in South Carolina are recognized as holding the property under the authority of the owner or landlord, who retains legal possession throughout the tenancy. This legal framework can be relevant if disputes arise about the nature of the tenancy or the rights of each party with respect to the property. Tenants who have questions about how this provision may relate to their situation can consult a tenant-rights organization or legal aid service familiar with South Carolina housing law.
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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