S.C. Code Ann. § 27-39-350
Disposition of proceeds from sale
Operative Text
If the property distrained brings more than the rent with costs at such sale the surplus shall be paid to the tenant, and the rent shall be paid to the landlord.
Under S.C. Code Ann. § 27-39-350, when a landlord conducts a distraint sale of a tenant's property to recover unpaid rent, the proceeds are divided according to a specific formula: the landlord receives the amount owed for rent and associated costs, and any money remaining beyond that amount must be returned to the tenant. The rule ensures that a landlord cannot retain more from the sale than what is actually owed.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-39-350, a landlord who conducts a distraint sale is entitled only to the amount covering the unpaid rent and allowable costs of the sale. A compliant operator keeps accurate records of the rent owed and sale costs, and promptly remits any surplus proceeds to the tenant after those amounts are satisfied. Retaining proceeds beyond what the law permits exposes a landlord to potential legal liability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-39-350 establishes that a tenant has a right to receive any surplus funds generated when a landlord sells distrained property beyond what is needed to cover rent and costs. If a tenant believes a landlord has failed to return a surplus after such a sale, that potential violation may be raised in a civil proceeding or explored with a tenant-rights organization familiar with South Carolina landlord-tenant law. Keeping records of any distraint proceedings and sale notices can help a tenant document what occurred.
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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