S.C. Code Ann. § 27-35-60
Validity and effect of subleases
Operative Text
A sublease by a tenant without written consent of the landlord is a nullity insofar as the rights of the landlord are concerned, except that rent collected by a tenant from a subtenant shall be deemed to be held in trust by the tenant for the benefit of the landlord until the payment of the landlord's claim for rent. But when the premises have been sublet the sublessor, as between himself and the subtenant or sublessee, shall be deemed the landlord and the sublessee the tenant under him and the provisions of Chapters 33 through 37, SECTION 27-39-10 and Article 3 of Chapter 39 of this Title, other than SECTIONS 27-35-80, 27-35-170 and 27-35-180, 27-39-280 and 27-39-300 shall apply to sublessors and sublessees, as between themselves, as in other cases of landlord and tenant.
Under S.C. Code Ann. § 27-35-60, a sublease created without the landlord's written consent has no legal effect as far as the landlord's rights are concerned. However, any rent a tenant collects from a subtenant is treated as held in trust for the landlord until the landlord's own rent claim is satisfied. When a valid sublease does exist, the sublessor and sublessee are treated as landlord and tenant between themselves, and most of South Carolina's landlord-tenant statutes apply to that relationship just as they would in a standard tenancy.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-35-60, landlords in South Carolina generally protect their interests by requiring written consent before any sublease takes effect. Without that written consent, the sublease is a nullity as to the landlord's rights, meaning the landlord can treat the arrangement as if it never existed. Operators who discover unauthorized subletting should be aware that any rent the tenant collected from a subtenant is legally considered held in trust for the landlord's benefit, which may be relevant when pursuing unpaid rent claims.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-35-60 establishes that tenants who sublease without their landlord's written consent risk having that sublease treated as legally void with respect to the landlord. Tenants who have entered into an authorized sublease should know that, as sublessor, they take on landlord-like responsibilities toward their subtenant, and most of South Carolina's landlord-tenant protections apply between them. Tenants with questions about their rights or obligations in a sublease arrangement may benefit from consulting a tenant-rights organization or reviewing the broader provisions of Chapters 33 through 37 of the South Carolina Code.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation