S.C. Code Ann. § 27-40-780

Landlord and tenant remedies for abuse of access

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaNotice to Enter

Operative Text

S.C. Code Ann. § 27-40-780
(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in magistrates' or circuit court without posting bond to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.

(b) If the landlord knowingly makes an unlawful entry or repeated lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief in magistrates' or circuit court without posting bond to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney's fees.
Source: Legislative text reproduced verbatim
Plain English

Section 27-40-780 of the South Carolina Residential Landlord and Tenant Act establishes mutual remedies when either party abuses access rights to a rental unit. If a tenant wrongfully blocks a landlord's lawful entry, the landlord may seek a court order compelling access or end the tenancy, and may recover actual damages plus reasonable attorney's fees. Conversely, if a landlord makes unlawful entries, enters repeatedly in an unreasonable manner, or makes repeated entry demands that amount to harassment, the tenant may seek a court order stopping the conduct or terminate the rental agreement, also with the right to recover actual damages and attorney's fees. Both parties may pursue relief in magistrates' or circuit court without having to post a bond.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under S.C. Code Ann. § 27-40-780, compliant property operators generally ensure that all entry requests and entries are lawful, reasonably timed, and not so frequent as to constitute harassment of the occupant. When a tenant does refuse a lawful access request, operators typically document the refusal and understand that the statute provides a path to injunctive relief in magistrates' or circuit court—without posting bond—as well as the option to terminate the rental agreement and seek actual damages and attorney's fees. Maintaining clear written records of entry notices and the reasons for each entry helps demonstrate that access practices align with the lawful-and-reasonable standard the statute requires.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 27-40-780 gives tenants in South Carolina a legal remedy when a landlord makes unlawful entries, enters repeatedly in an unreasonable way, or makes so many entry demands that the conduct amounts to harassment. Tenants may seek injunctive relief in magistrates' or circuit court without posting bond to stop the behavior, or may choose to terminate the rental agreement, and in either case may pursue actual damages and reasonable attorney's fees. Tenants who believe their access rights are being violated may wish to document each incident in writing, consult a tenant-rights organization familiar with South Carolina law, or explore the court options described in § 27-40-780.

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.

Effective Timeline

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 27-40-710
S.C. Code Ann. § 27-40-730
S.C. Code Ann. § 27-40-410
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-450
S.C. Code Ann. § 27-40-410
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-540
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-740
S.C. Code Ann. § 27-40-130
S.C. Code Ann. § 27-40-230
S.C. Code Ann. § 27-40-240
S.C. Code Ann. § 27-40-240

Related Rules

§ 244.285
Tenant to be notified of entry
§ 47a-16
When landlord may enter rented unit.
§ 47a-16a
Notification by tenant of extended absence. When landlord may enter.

Source Information

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