S.C. Code Ann. § 27-40-770
Periodic tenancy; holdover remedies
Operative Text
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice. (c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. If the tenant's holdover is a wilful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three months periodic rent or twice the actual damages sustained by him, whichever is greater and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, SECTION 27-40-310(d) applies.
Section 27-40-770 of the South Carolina Residential Landlord-Tenant Act establishes how periodic tenancies can be ended and what happens when a tenant stays past the end of a tenancy. For week-to-week tenancies, either party must give at least seven days' written notice before the specified termination date; for month-to-month tenancies, at least thirty days' written notice is required. If a tenant remains in the property without the landlord's consent after the tenancy ends, the landlord may pursue a possession action, and if the holdover is found to be willful or in bad faith, the landlord may recover up to three months' periodic rent or twice actual damages—whichever is greater—along with reasonable attorney's fees.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-770, compliant operators generally provide written termination notices that meet the statutory minimums—seven days for week-to-week arrangements and thirty days for month-to-month arrangements—and specify the termination date clearly in the notice. When a tenant remains after the tenancy ends without consent, operators typically document the holdover period and any resulting damages to support a potential possession action or damages claim. Where a landlord does choose to allow continued occupancy, Section 27-40-310(d) governs the resulting tenancy, so operators generally take care to communicate their intent clearly to avoid unintended tenancy creation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-770 gives tenants the right to end a periodic tenancy by providing proper written notice—at least seven days for a week-to-week tenancy and at least thirty days for a month-to-month tenancy—and landlords are bound by the same notice requirements when terminating. Tenants should be aware that remaining in a unit after the tenancy ends without the landlord's consent can expose them to a possession action and, if the holdover is found willful, to significant financial liability including up to three months' rent or twice the landlord's actual damages plus attorney's fees. Tenants who have questions about whether a notice was properly given or whether a holdover situation may apply to them can consult a tenant-rights organization or legal aid provider familiar with South Carolina's landlord-tenant 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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