S.C. Code Ann. § 27-39-280
Distraint after expiration of lease of tenant for life of another
Operative Text
When tenants pur autre vie hold over the tenements to them demised after the determination of such leases, any person having any rent in arrears or due upon any such lease may distrain for such arrears after the determination of the lease, in the same manner as he might have done if such lease had not been ended or determined; provided, that such distress be made within the space of six calendar months after the determination of such lease during the continuance of such landlord's title or interest and during the possession of the tenant from whom such arrears became due.
Under S.C. Code Ann. § 27-39-280, when a lease tied to the life of a third party ends—because that third party has died or the measuring life has otherwise concluded—the landlord or other person to whom rent is owed does not immediately lose the right to collect unpaid rent. The law preserves the remedy of distraint (the seizure of a tenant's goods to satisfy a debt) for up to six calendar months after the lease ends, so long as the landlord still holds the relevant title or interest and the tenant who owes the arrears remains in possession of the property. This provision effectively extends a collection tool past the natural termination of a life-estate lease, within a defined and limited window.
Plain English — not legal advice.
Property owners or managers dealing with a 'pur autre vie' tenancy—a lease measured by the life of someone other than the tenant—should be aware that S.C. Code Ann. § 27-39-280 preserves the right to pursue distraint for unpaid rent even after such a lease has ended. Compliant operators generally act promptly, since the statute imposes a strict six-month window from the lease's determination during which distraint may be exercised. Operators also typically confirm that they still hold the relevant title or interest and that the tenant from whom arrears are owed remains in possession before pursuing this remedy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-39-280 means that even after a life-estate lease ends, a former landlord may still have a legal right to seize goods to satisfy unpaid rent for up to six months following the lease's termination. Tenants in this situation may want to understand whether the landlord still holds the qualifying title or interest and whether the statutory six-month period has elapsed, as these are conditions the law places on the exercise of distraint. Consulting a tenant-rights organization or legal aid office familiar with South Carolina landlord-tenant law can help tenants understand whether a particular distraint action meets all the requirements of 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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