My landlord has not yet given me the possession of the apartment. What should I do in this situation?

Full question:

I moved to Clemson 3 days back and haven’t been able to begin my stay in the rented apartment I rented. My landlord is yet to give me the keys to the apartment. What should I do in this situation?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: South Carolina

Answer:

Typically, per the tenancy laws in South Carolina, when the lease commences the landlord is to deliver the possession of the rental unit to the tenant on the day the lease commences. S.C. Code Ann. § 27-40-430 obligates the landlord to deliver the property. It reads:
 

“At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and § 27-40-440. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in § 27-40-760(c).”

If the landlord does not abide by the above-quoted provision, S.C. Code Ann. § 27-40-620 for the remedies available to the tenant, which is applicable in the case at hand. S.C.

Code Ann. § 27-40-620 reads:
 

“a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in § 27-40-430, rent abates until possession is delivered and the tenant may:

     (1) terminate the rental agreement upon at least five days' written notice to the landlord and upon termination the landlord shall return all prepaid rent and security; or
     (2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained by him. Where the landlord is unable to deliver possession due to a previous tenant remaining in possession without the landlord's consent, after the expiration of the term of their rental agreement or its termination, the landlord is not liable for damages pursuant to this subsection, if the landlord made reasonable efforts to obtain possession of the premises.

(b) If a person's failure to deliver possession is wilful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or twice the actual damages sustained, whichever is greater, and reasonable attorney's fees.”