S.C. Code Ann. § 27-37-155
Commercial lease contract claims and counterclaims
Operative Text
(A) In any action involving a commercial lease where the landlord sues for possession and the tenant raises defenses or counterclaims pursuant to this chapter or the lease agreement: (1) the tenant is required to pay the landlord all rent which becomes due after the issuance of a written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to provide the tenant with a written receipt for each payment except when the tenant pays by check; and (2) the tenant is required to pay the landlord all rent allegedly owed prior to the issuance of the rule; provided, however, that in lieu of the payment the tenant may be allowed to submit to the court a receipt and cancelled check, or both, indicating that payment has been made to the landlord. (B)(1) In the event a jury trial is requested and upon motion of either party or upon his own motion, the magistrate may order that the commercial lease ejectment case be heard at the next term of court following the tenant's appearance. (2) In the event that the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord. (3) If the tenant appears in response to the rule and alleges that rent due as provided by Section 27-37-150 and this section has been paid, the court shall determine the issue. If the tenant has failed to comply with Section 27-37-150 and this section, the court shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable. (4) If the amount of rent due is determined at final adjudication to be less than alleged by the landlord, decision must be entered for the tenant if the court determines that the tenant has complied fully with the provisions of Section 27-37-150, this section, and the lease agreement. (5) If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action as provided by Section 27-37-150 and this section, the order may require the payments to be made (a) directly to the commercial landlord or to the clerk of court, to be held until final disposition of the case, or (b) through the magistrate's office. If payments are to be made through the magistrate's office, a fee of three percent of the rental payment must be added to the amount paid through the office and the fee of three percent shall be retained in the collecting magistrate's office to defray the costs of collection. If the tenant fails to make a payment as provided in Section 27-37-150 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession and, upon application of the landlord, the magistrate shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable.
Section 27-37-155 of the South Carolina Code governs commercial lease disputes in which a landlord seeks possession and the tenant raises defenses or counterclaims. Under this provision, the tenant must continue paying rent as it comes due after a written rule to vacate or show cause is issued, and must also pay any rent allegedly owed before that rule was issued—though documented proof of prior payment may substitute for the payment itself. The court has authority to direct where ongoing rent payments are deposited during the case, and a tenant's failure to keep up with required payments can result in a warrant of ejectment being issued against them.
Plain English — not legal advice.
Landlords pursuing commercial ejectment actions under S.C. Code Ann. § 27-37-155 generally issue written rules to vacate or show cause and provide written receipts for every cash rent payment received during the pendency of the action. Compliant operators keep clear records of all amounts allegedly owed before and after the rule is issued, since the court may preliminarily determine the disputed rent amount and direct payments to the landlord directly, to the clerk of court, or through the magistrate's office. If the tenant fails to make court-ordered payments, landlords may apply to the magistrate for a warrant of ejectment and restoration of full possession through the sheriff, deputy, or constable.
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. § 27-37-155, tenants in commercial ejectment proceedings have the right to raise defenses and counterclaims, but must continue paying rent as it comes due and address any rent allegedly owed before the rule was issued—though a receipt and cancelled check may serve as proof of prior payment in lieu of paying again. If the court ultimately finds that the landlord overstated the amount owed and the tenant has fully complied with payment obligations, a decision in the tenant's favor is required. Tenants facing these proceedings may benefit from consulting a tenant-rights organization or attorney familiar with South Carolina commercial landlord-tenant law to understand the procedural options available, including requesting a jury trial or challenging the amount of rent claimed.
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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Rules and statutes that cite this regulation