S.C. Code Ann. § 27-40-790
Payment of rent into court
Operative Text
In any action where the landlord sues for possession and the tenant raises defenses or counterclaims pursuant to this chapter or the rental agreement: (a) The tenant is required to pay the landlord all rent which becomes due after the issuance of a written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to provide the tenant with a written receipt for each payment except when the tenant pays by check. If the landlord and tenant disagree as to the amount of rent or the time of payments thereof, the court shall hold a hearing as soon as feasible after the issues have been joined, and preliminarily determine the matter. In the event that the basis for the disagreement of the amount of rent due is the landlord's alleged violation of the rental agreement or the provisions of this chapter, the rent to be paid must be the fair-market rental value of the premises at the time of the hearing. Rent must not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his permission or who is allowed access to the premises by the tenant. (b) The tenant is required to pay the landlord all rent allegedly owed prior to the issuance of the rule, provided, however, that in lieu of the payment the tenant may be allowed to submit to the court a receipt and cancelled check, or both, indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid to the landlord in the same manner as in subsection (a) or (b) of this section. (c) Should the tenant not appear and show cause within ten days, the court shall issue a warrant of ejectment pursuant to SECTION 27-37-40 of the 1976 Code. Should the tenant appear in response to the rule and allege that rent due under subsections (a) or (b) has been paid, the court shall determine the issue. If the tenant has failed to comply with subsections (a) or (b), the court shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable. (d) If the amount of rent due is determined at final adjudication to be less than alleged by the landlord, decision must be entered for the tenant if he has complied fully with the provisions of this section.
S.C. Code Ann. § 27-40-790 governs what happens to rent payments when a landlord files for possession and the tenant raises defenses or counterclaims under South Carolina's Residential Landlord and Tenant Act. Once a court issues a written rule to vacate or show cause, the tenant must continue paying rent as it comes due, and the landlord must provide written receipts for cash payments. If the parties dispute the rent amount—particularly because the landlord may have violated the rental agreement or the Act—the court can set the rent at the property's fair-market rental value pending a hearing. A tenant who fully complies with the payment requirements and is ultimately found to owe less than the landlord claimed is entitled to a decision in the tenant's favor.
Plain English — not legal advice.
Under § 27-40-790, landlords who pursue a possession action should be prepared to issue written receipts for every cash rent payment made after the court's rule is issued, as failure to do so is a specific statutory requirement. When rent amounts are disputed, the court may hold a preliminary hearing and potentially reset the rent to fair-market value, so landlords benefit from maintaining clear documentation of the agreed rent and any alleged violations by the tenant. Operators should also be aware that rent abatement is not available for conditions caused by the tenant's own deliberate or negligent conduct, which can be a relevant factor in contested possession proceedings under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-790 establishes that tenants in a possession action must keep paying rent as it comes due after a rule to vacate or show cause is issued, but it also provides important protections: if the landlord's own violations of the rental agreement or the Act are at issue, the court may determine that the rent owed is only the fair-market rental value of the unit rather than the full contracted amount. Tenants who have already paid rent before the rule was issued can present receipts or cancelled checks to the court as proof of payment under subsection (b). Tenants facing a possession action may wish to contact a tenant-rights organization or legal aid provider to understand how the payment and hearing procedures under this section apply 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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