S.C. Code Ann. § 27-40-750
Remedy after termination
Operative Text
If the rental agreement is terminated, the landlord has a right to possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees.
Under S.C. Code Ann. § 27-40-750, when a rental agreement is terminated, the landlord is entitled to reclaim possession of the property, collect any unpaid rent, and pursue a separate legal claim for actual damages caused by the breach of the rental agreement, along with reasonable attorney's fees. This provision establishes multiple, distinct remedies that can be pursued following termination rather than limiting the landlord to a single form of relief. The rule applies regardless of which party's actions led to the termination, as long as a breach of the rental agreement is established.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-750, compliant operators generally document the condition of the unit, track unpaid rent, and preserve records of any costs incurred as a result of a tenant's breach, since actual damages must be substantiated in any subsequent claim. Landlords pursuing remedies after termination typically file for possession through the appropriate court process while also asserting claims for rent owed and other provable losses. Because the statute also allows recovery of reasonable attorney's fees, operators often work with legal counsel to ensure all eligible damages are properly identified and presented.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-40-750 outlines the remedies available to a landlord after a rental agreement is terminated, including claims for possession, rent, actual damages, and attorney's fees — all of which a tenant may need to respond to if a landlord initiates legal action. Tenants who believe a termination was improper or that claimed damages are overstated may raise those issues as defenses in court proceedings. Consulting a tenant-rights organization or legal aid service familiar with South Carolina landlord-tenant law can help tenants understand what defenses or counterclaims may be available under this provision.
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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