S.C. Code Ann. § 27-37-150
Accrual of rent after institution of proceedings
Operative Text
After the commencement of ejectment proceedings by the issuance of a rule to vacate or to show cause as herein provided, the rental for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises, at the same rate as prevailed immediately prior to the issuance of such rule, and the tenant shall be liable for the payment of such rental, the collection of which may be enforced by distress as herein provided with respect to other rents. But the acceptance by the landlord of any rent, whether it shall have accrued at the time of issuing such rule or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon ejectment, nor as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the rule shall control.
Under S.C. Code Ann. § 27-37-150, once a landlord initiates ejectment proceedings by issuing a rule to vacate or show cause, rent continues to accrue at the same rate that was in effect just before those proceedings began, for as long as the tenant remains on the premises. The tenant remains legally obligated to pay that ongoing rent, and the landlord retains the right to collect it through distress. Importantly, a landlord's acceptance of rent during this period—whether it accrued before or after the rule was issued—does not cancel or waive the ejectment action, nor does it create a new or extended tenancy; the legal rights of both parties are fixed as of the date the rule was issued.
Plain English — not legal advice.
Property owners and managers operating under S.C. Code Ann. § 27-37-150 should be aware that accepting rent payments after ejectment proceedings have begun does not forfeit the right to continue pursuing removal of the tenant. Compliant operators typically document all rent received during the pendency of proceedings and make clear in their records that acceptance is not intended as a renewal or extension of the tenancy. Keeping consistent records of the rental rate in effect at the time the rule to vacate was issued helps establish the accrual amount that may be collected through distress if necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under S.C. Code Ann. § 27-37-150, tenants who remain in possession after ejectment proceedings have been initiated remain liable for rent at the rate that was in place when the rule to vacate was issued. Paying rent during this period does not automatically stop the ejectment process or create a new tenancy, so tenants in this situation may want to consult a tenant-rights organization or legal aid provider to understand how this provision interacts with their specific circumstances. Tenants may also wish to explore whether any procedural defenses exist within the ejectment process itself, as the statute specifies that the rights of both parties are determined as of the date the rule was issued.
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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