S.C. Code Ann. § 27-35-40
Use of premises without agreement or permission or by trespass; rent
Operative Text
When a person enters upon or uses the premises of another without agreement or without the permission of the owner or by trespass the owner may at his option waive such tort and treat and deem such person a tenant at will. In such case the landlord shall have and be entitled to a reasonable rental for the use and occupation of such premises and all remedies for the enforcement of his rights in respect thereto as in other cases of tenancy at will.
Under S.C. Code Ann. § 27-35-40, when someone occupies or uses another person's property without any agreement or permission—or through trespass—the property owner has the option to treat that occupancy as a tenancy at will rather than pursuing a trespass claim. If the owner chooses this path, the law entitles them to collect a reasonable rental amount for the period of use and occupation. The owner also retains the same legal remedies available in any other tenancy-at-will relationship to enforce their rights.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-35-40, property owners who discover unauthorized occupants have a meaningful legal choice: they may either pursue the matter as a trespass or, alternatively, elect to treat the occupant as a tenant at will and seek reasonable rent for the period of use. Operators who choose the latter option generally document the period of unauthorized occupation and the fair rental value of the premises to support any claim for compensation. Understanding this election is important because the choice made can affect which legal remedies remain available going forward.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-35-40 is relevant to anyone who has occupied property without a formal agreement, because it gives the property owner the power to reframe that occupancy as a tenancy at will and seek rent rather than—or in addition to—other legal action. If a property owner invokes this provision, the person in occupation may have rights associated with a tenancy at will, including any procedural protections that apply to that type of tenancy under South Carolina law. Individuals in this situation may benefit from consulting a tenant-rights organization or legal aid office to understand what those protections entail and what options may be available.
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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