S.C. Code Ann. § 27-35-80
Attornments by tenants
Operative Text
To prevent the difficulty and expense to which a landlord or lessor may be put by the fraudulent practice of tenants in attorning to strangers who claim title to the estates of their respective landlords or lessors, every such attornment of any tenant of any lands, tenements or hereditaments shall be absolutely null and void to all intents and purposes whatsoever and the possession of the landlord or lessor shall not be deemed or construed to be in any wise changed, altered or affected by any such attornment. But nothing herein contained shall extend to vacate or affect any attornment made pursuant to, and in consequence of, some judgment, decree or order of court or made with the privity and consent of the landlord or lessor or pursuant to SECTION 27-35-50.
Section 27-35-80 of the South Carolina Code addresses a historical practice called 'attornment,' in which a tenant would formally recognize a third-party claimant—rather than their actual landlord—as the new owner of the property. Under this provision, any such unauthorized attornment is treated as completely void and has no legal effect on the landlord's possession or title. The rule does not apply, however, when an attornment is made with the landlord's knowledge and consent, pursuant to a court judgment or order, or in accordance with Section 27-35-50.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-35-80, a landlord's or lessor's possessory interest in their property is protected against being undermined by a tenant who secretly or fraudulently recognizes a stranger's claim to the property. Compliant operators generally maintain clear communication with tenants about ownership and ensure that any legitimate transfer of interest is handled through proper legal channels—such as a court order or with the landlord's explicit consent. Keeping documentation of ownership and any authorized changes in title can help demonstrate that no unauthorized attornment has affected the landlord's standing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-35-80 of the South Carolina Code makes clear that tenants are not legally permitted to unilaterally shift their allegiance—and rental obligations—to a third party who claims to own the property, unless that shift is authorized by a court order, the landlord's consent, or Section 27-35-50. This provision is designed to protect landlords, but tenants should also understand that any pressure from a third-party claimant to 'attorn' to them without proper legal authority carries no binding effect. Tenants who encounter such situations may wish to consult a tenant-rights organization or legal aid service to understand what obligations, if any, they have toward competing claimants to their rental property.
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