S.C. Code Ann. § 27-40-760
Recovery of possession limited
Operative Text
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including wilful diminution of required essential services to the tenant by interrupting or causing the interruption of services, except in case of abandonment, surrender, termination, or as permitted in this chapter.
Under S.C. Code Ann. § 27-40-760, a landlord's ability to reclaim a rental dwelling is strictly limited. The law bars landlords from retaking possession through self-help measures—including deliberately cutting off essential services like heat, water, or electricity—as a way to force a tenant out. The only lawful paths to recovering possession are abandonment, surrender, termination of the tenancy, or a process specifically authorized elsewhere in the chapter.
Plain English — not legal advice.
S.C. Code Ann. § 27-40-760 means that compliant operators in South Carolina rely exclusively on the legal processes outlined in Chapter 40 to recover a dwelling unit. Operators generally avoid any action—such as changing locks, removing belongings, or interrupting utilities—that could be construed as a self-help eviction. Maintaining uninterrupted essential services throughout the tenancy, unless a lawful termination process has concluded, is a hallmark of compliant property management under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-40-760 gives tenants a clear protection against landlords who attempt to force them out through means other than a formal legal process. If a landlord cuts off heat, water, electricity, or other essential services—or otherwise attempts to retake the unit without going through proper channels—that conduct may constitute a violation of this provision. Tenants who believe this protection has been violated can document the situation, contact a local tenant-rights organization, or raise the violation as a defense or claim in a South Carolina court proceeding.
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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