S.C. Code Ann. § 27-40-430
Landlord to deliver possession of dwelling unit
Operative Text
At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and SECTION 27-40-440. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in SECTION 27-40-760(c).
Under S.C. Code Ann. § 27-40-430, a landlord is required to hand over the rental unit to the tenant at the start of the lease term in a condition that meets the rental agreement and the habitability standards set out in § 27-40-440. If someone is unlawfully occupying the premises at that time, the law gives the landlord a legal avenue to reclaim possession through the courts. Damages recoverable in such an action are governed by § 27-40-760(c).
Plain English — not legal advice.
Under § 27-40-430, compliant operators ensure the rental unit is vacant, accessible, and in the condition promised by the rental agreement on the first day of the tenancy. Landlords who anticipate a holdover occupant or other possession dispute generally initiate court proceedings promptly, as the statute expressly authorizes an action for possession and the recovery of damages under § 27-40-760(c). Keeping dated move-in documentation—such as signed checklists and photographs—helps establish that delivery of possession occurred as required.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-430 gives tenants the right to receive the rental unit at the start of the lease term in a condition consistent with the rental agreement and the habitability requirements of § 27-40-440. If a unit is not delivered as required—for example, because a prior occupant has not vacated—tenants may have remedies available under South Carolina's Residential Landlord and Tenant Act. Tenant-rights organizations and legal aid offices familiar with South Carolina housing law can help explain what options, such as rent withholding or lease termination, may be available in a given situation.
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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