S.C. Code Ann. § 27-40-730
Remedies for absence, nonuse, and abandonment
Operative Text
(a) The unexplained absence of a tenant from a dwelling unit for a period of fifteen days after default in the payment of rent must be construed as abandonment of the dwelling unit. (b) If the tenant has voluntarily terminated the utilities and there is an unexplained absence of a tenant after default in payment of rent, abandonment is considered immediate and the fifteen day rule as described in (a) does not apply. (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy, subject to the landlord's remedies under Section 27-40-740. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is considered to be a month or a week, as the case may be. (d) When a dwelling unit has been abandoned or the rental agreement has come to an end and the tenant has removed a substantial portion of his property or voluntarily and permanently terminated his utilities and has left personal property in the dwelling unit or on the premises with a fair-market value of five hundred dollars or less, the landlord may enter the dwelling unit, using forcible entry if required, and dispose of the property. (e) When a dwelling unit has been abandoned or the rental agreement has come to an end and the tenant has left personal property in the dwelling unit or on the premises in the cases not covered by subsection (d) above, the landlord may have the property removed only pursuant to the provisions of Sections 27-37-10 to 27-37-150. (f) Where property is disposed of by the landlord pursuant to subsection (d) and the property was in excess of five hundred dollars, the landlord is not liable unless the landlord was grossly negligent.
Section 27-40-730 of South Carolina law establishes when a tenant is considered to have abandoned a rental unit and what a landlord may do in response. An unexplained absence of fifteen days after a rent default generally signals abandonment, though that window collapses immediately if the tenant has voluntarily cut off utilities. When abandonment occurs, the landlord must make reasonable efforts to re-rent the unit, and specific rules govern how leftover personal property may be handled depending on its estimated value.
Plain English — not legal advice.
Under § 27-40-730, compliant operators document unexplained absences and rent defaults carefully, noting dates and any evidence of utility termination, since these facts determine when abandonment is legally established. Landlords are expected to actively market the vacant unit at a fair rental rather than letting it sit idle, because failing to do so can shift liability for ongoing rent losses. Personal property left behind must be handled according to its fair-market value: items worth $500 or less may be disposed of directly, while higher-value property requires following the procedures outlined in Sections 27-37-10 through 27-37-150.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-730 affects tenants who fall behind on rent and go missing, as South Carolina law may treat that combination as legal abandonment with significant consequences for the lease and any belongings left behind. Tenants who believe a landlord has wrongly declared abandonment or improperly disposed of personal property worth more than $500 may have grounds to raise that as a claim or defense in court. Tenant-rights organizations in South Carolina can help individuals understand whether the fifteen-day rule or the utility-termination exception applies to 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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