S.C. Code Ann. § 27-35-140
Failure to pay rent
Operative Text
Failure to pay the rent agreed upon when due, or a reasonable rent for use and occupation when demanded, shall terminate all tenancies for a term, for years, from month to month and at will and the tenant shall forthwith vacate the premises without notice.
Under S.C. Code Ann. § 27-35-140, a tenant's failure to pay agreed-upon rent when it is due—or failure to pay a reasonable amount for use and occupation of a property when that amount is demanded—automatically terminates the tenancy, regardless of whether the tenancy is for a fixed term, year-to-year, month-to-month, or at-will. The statute states that upon such a failure, the tenant is required to vacate the premises immediately and without any formal notice from the landlord. This provision applies broadly across tenancy types in South Carolina.
Plain English — not legal advice.
Property owners and managers operating under S.C. Code Ann. § 27-35-140 should be aware that nonpayment of rent when due can, under this statute, terminate the tenancy by operation of law without the landlord needing to serve a formal notice to vacate. Compliant operators typically maintain clear written records of agreed rent amounts, due dates, and any payment demands made for use and occupation, as these records can be relevant if a dispute arises. Because South Carolina landlord-tenant law involves multiple overlapping statutes and court procedures, operators generally consult legal counsel before taking any steps to recover possession of a property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-35-140 establishes that nonpayment of rent when due—or nonpayment of a demanded reasonable amount for use and occupation—can terminate a tenancy without the landlord providing advance notice. Tenants should understand that this statute applies to a wide range of tenancy types, including month-to-month and at-will arrangements, and that the absence of a formal notice requirement distinguishes this provision from other notice-based eviction rules. Tenants who believe this statute has been applied incorrectly or who have questions about their rights may wish to contact a local tenant-rights organization or legal aid office for general information about South Carolina housing 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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