S.C. Code Ann. § 27-40-620
Failure to deliver possession
Operative Text
(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in SECTION 27-40-430, rent abates until possession is delivered and the tenant may: (1) terminate the rental agreement upon at least five days' written notice to the landlord and upon termination the landlord shall return all prepaid rent and security; or (2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained by him. Where the landlord is unable to deliver possession due to a previous tenant remaining in possession without the landlord's consent, after the expiration of the term of their rental agreement or its termination, the landlord is not liable for damages pursuant to this subsection, if the landlord made reasonable efforts to obtain possession of the premises. (b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or twice the actual damages sustained, whichever is greater, and reasonable attorney's fees.
Under S.C. Code Ann. § 27-40-620, when a landlord fails to hand over a rental unit on the agreed date, rent stops accruing until the tenant actually receives possession. The tenant then has a choice: cancel the agreement with at least five days' written notice and receive a full refund of prepaid rent and security, or insist on performance of the lease and pursue a legal action to obtain possession along with any actual damages suffered. If the failure to deliver possession is found to be willful and in bad faith, the law allows the aggrieved party to recover the greater of up to three months' periodic rent or twice actual damages, plus reasonable attorney's fees.
Plain English — not legal advice.
Property owners and managers operating under S.C. Code Ann. § 27-40-620 generally ensure that a unit is vacant and ready for occupancy by the agreed move-in date. When a holdover tenant prevents timely delivery, compliant operators document their reasonable efforts to recover possession—such as initiating eviction proceedings promptly—because the statute limits landlord liability in that specific circumstance. Operators who fail to deliver possession in a willful or bad-faith manner face exposure to enhanced damages of up to three months' rent or twice actual damages, whichever is greater, plus attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-40-620 gives tenants meaningful options when a landlord does not deliver the rental unit as promised: rent abates during the delay, and the tenant may either terminate the agreement with at least five days' written notice and recover all prepaid funds, or demand that the landlord fulfill the lease and pursue a court action for possession and actual damages. If the landlord's failure appears willful and in bad faith, the statute provides for enhanced recovery—up to three months' periodic rent or twice actual damages, whichever is greater, along with reasonable attorney's fees. Tenants navigating this situation may find it helpful to consult a tenant-rights organization or legal aid office familiar with South Carolina landlord-tenant law to understand which path fits their circumstances.
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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