S.C. Code Ann. § 27-40-650
Fire or casualty damage
Operative Text
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair-market rental value of the dwelling unit. (b) Unless the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant, if the rental agreement is terminated, the landlord shall return security recoverable under Section 27-40-410 and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. A landlord may withhold the tenant's security deposit or prepaid rent if the fire or casualty was due to the tenant's negligence or otherwise caused by the tenant; however, if the landlord withholds a security deposit or prepaid rent, he must comply with the notice requirement in Section 27-40-410(a).
Under S.C. Code Ann. § 27-40-650, when a rental unit is significantly damaged or destroyed by fire or other casualty so that normal use is substantially impaired, the law provides two paths forward. If the unit cannot be lawfully occupied, the tenant may vacate and terminate the rental agreement by notifying the landlord in writing within seven days. If partial occupancy remains lawful, the tenant may stay in the usable portion while rent is reduced proportionally to reflect the diminished fair-market rental value. When the rental agreement ends due to such damage, the landlord must return the security deposit and any prepaid rent—unless the tenant's own negligence or conduct caused the fire or casualty, in which case the landlord may withhold those funds, provided the landlord still follows the notice procedures required by § 27-40-410(a).
Plain English — not legal advice.
Property owners and managers operating under S.C. Code Ann. § 27-40-650 generally document the extent of fire or casualty damage promptly and assess whether continued occupancy is lawful. When a tenant vacates and provides written notice of termination within seven days, compliant operators process the return of security deposits and prepaid rent—prorated from the date of the fire or casualty—unless the damage was caused by the tenant's negligence, in which case operators still follow the itemized notice procedures outlined in § 27-40-410(a) before withholding any funds. For partial-damage situations where occupancy remains lawful, operators typically adjust rent to reflect the proportional reduction in the unit's fair-market rental value for the affected period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-40-650 gives tenants meaningful options when fire or casualty substantially impairs a unit's normal use. If the damage makes the unit uninhabitable, a tenant who vacates and sends written notice to the landlord within seven days can terminate the lease as of the date of vacating and is generally entitled to the return of prepaid rent and the security deposit (subject to § 27-40-410), unless the tenant caused the damage. If partial occupancy is still lawful, a tenant who remains in the usable portion has the right to a proportional rent reduction reflecting the diminished fair-market value—and tenants who believe these rights are being denied may consider consulting a tenant-rights organization or raising the provision as a defense in any related legal proceeding.
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 In
Rules and statutes that cite this regulation