I am not renewing the lease to sell and the tenant is not making provison to move. What can I do?

Full question:

My tenents lease is up on the 15th of June. She was given Verbal notice in April that the lease would not be renewed (I am selling the house). She only paid Half of th May/June Rent. Won't return phone calls, shows no sign of getting ready to move. What are my options if she says she can not be out. She has 4 kids. I'm sympathetic but need to get house on market with out her in it.

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

Answer:

You should carefully read your lease agreement regarding the terms for rent, termination and eviction.

The applicable South Carolina statutes are as follows:

§ 27-40-240. Notice.

(A) A person has notice of a fact if:

(1) the person has actual knowledge of it;

(2) the person has received a notice or notification of it; or

(3) from all the facts and circumstances known to him at the time in
question he has reason to know that it exists. A person "knows" or "has
knowledge" of a fact if he has actual knowledge of it.

(B) A person "notifies" or "gives" a notice or notification to another
person by taking steps reasonably calculated to inform the other in
ordinary course whether or not the other actually comes to know of it. A
person "receives" a notice or notification when:

(1) it comes to his attention; or

(2) in the case of the landlord, it is delivered at the place of
business of the landlord through which the rental agreement was made or
at any place held out by the landlord as the place for receipt of the
communication; or

(3) in the case of the tenant, it is delivered in hand to the tenant or
mailed by registered or certified mail to the tenant at the place held
out by him as the place for receipt of the communication, or in the
absence of the designation, to the tenant"s last known place of
residence. Proof of mailing pursuant to this subsection constitutes
notice without proof of receipt.

(C) "Notice", knowledge, or a notice or notification received by an
organization is effective for a particular transaction from the time it
is brought to the attention of the individual conducting that
transaction, and in any event from the time it would have been brought to
the individual's attention if the organization had exercised reasonable
diligence.

(D) The time within which an act is to be done must be computed by
reference to South Carolina Rules of Civil Procedure.

§ 27-40-310. Terms and conditions of rental agreement.

(a) A landlord and a tenant may include in a rental agreement terms and
conditions not prohibited by this chapter or other rule of law, including
rent, term of the agreement, and other provisions governing the rights
and obligations of the parties.

(b) In absence of agreement, the tenant shall pay as rent the
fair-market rental value for the use and occupancy of the dwelling unit.

(c) Rent is payable without demand or notice at the time and place
agreed upon by the parties. Unless the tenant is otherwise notified in
writing, rent is payable at the dwelling unit and periodic rent is
payable at the beginning of any term of one month or less and otherwise in
equal monthly installments at the beginning of each month. Unless
otherwise agreed, rent is uniformly apportionable from day to day.

(d) Unless the rental agreement fixes a definite term, the tenancy is
week to week in case of a roomer who pays weekly rent and in all other
cases month to month.

§ 27-40-430. Landlord to deliver possession of dwelling unit.

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).

§ 27-40-450. Limitation of liability.

(a) Unless otherwise agreed, a landlord who conveys the premises that
include a dwelling unit subject to a rental agreement in a good faith
sale to a bona fide purchaser is relieved of liability under the rental
agreement and this chapter as to events occurring after written notice to
the tenant of the conveyance. However, he remains liable to the tenant
for security recoverable by the tenant under § 27-40-410, unless the
security deposit is transferred from the seller to the purchaser and the
tenant is notified in writing a reasonable time after the transaction in
which case the purchaser is liable under § 27-40-410.

(b) Unless otherwise agreed, a manager of the premises that includes a
dwelling unit is relieved of liability under the rental agreement and
this chapter as to events occurring after written notice to the tenant of
the termination of his management.

§ 27-40-530. Access.

(a) A tenant shall not unreasonably withhold consent to the landlord to
enter into the dwelling unit in order to inspect the premises, make
necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen, or
contractors.

(b) A landlord or his agent may enter the dwelling unit without consent
of the tenant:

(1) At any time in case of emergency — prospective changes in weather
conditions which pose a likelihood of danger to the property may be
considered an emergency;

(2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of
providing regularly scheduled periodic services such as changing furnace
and air-conditioning filters, providing termite, insect, or pest
treatment, and the like, provided that the right to enter to provide
regularly scheduled periodic services is conspicuously set forth in
writing in the rental agreement and that prior to entering, the landlord
announces his intent to enter to perform services; or

(3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of
providing services requested by the tenant and that prior to entering, the
landlord announces his intent to enter to perform services.

(c) A landlord shall not abuse the right of access or use it to harass
the tenant. Except in cases under item (b) above, the landlord shall give
the tenant at least twenty-four hours notice of his intent to enter and
may enter only at reasonable times.

(d) A landlord has no other right of access except:

(1) pursuant to court order;

(2) as permitted by §§ 27-40-720 and 27-40-730;

(3) when accompanied by a law enforcement officer at reasonable times
for the purpose of service of process in ejectment proceedings; or

(4) unless the tenant has abandoned or surrendered the premises.

(e) A tenant shall not change locks on the dwelling unit without the
permission of the landlord.

§ 27-40-710. Noncompliance with rental agreement; failure to pay rent;
removal of evicted tenant's personal property.

(A) Except as provided in this chapter, if there is a noncompliance by
the tenant with the rental agreement other than nonpayment of rent or a
noncompliance with Section 27-40-510 materially affecting health and
safety or the physical condition of the property, or Section 27-40-540,
the landlord may deliver a written notice to the tenant specifying the
acts and omissions constituting the breach and that the rental agreement
will terminate upon a date not less than fourteen days after receipt of
the notice, if the breach is not remedied in fourteen days. The rental
agreement terminates as provided in the notice except that:

(1) if the breach is remediable by repairs or otherwise and the tenant
adequately remedies the breach before the date specified in the notice,
or

(2) if the remedy cannot be completed within fourteen days, but is
commenced within the fourteen-day period and is pursued in good faith to
completion within a reasonable time, the rental agreement may not
terminate by reason of the breach.

(B) If rent is unpaid when due and the tenant fails to pay rent within
five days from the date due or the tenant is in violation of Section
27-40-540, the landlord may terminate the rental agreement provided the
landlord has given the tenant written notice of nonpayment and his
intention to terminate the rental agreement if the rent is not paid
within that period. The landlord's obligation to provide notice under
this section is satisfied for any lease term after the landlord has given
one such notice to the tenant or if the notice is contained in
conspicuous language in a written rental agreement. The written notice
requirement upon the landlord under this subsection shall be considered
to have been complied with if the rental agreement contains the following
or a substantially equivalent provision:

"IF YOU DO NOT PAY YOUR RENT ON TIME

This is your notice. If you do not pay your rent within five days of
the due date, the landlord can start to have you evicted. You will get no
other notice as long as you live in this rental unit."

The presence of this provision in the rental agreement fully satisfies
the "written notice" requirement under this subsection and applies to a
month-to-month tenancy following the specified lease term in the original
rental agreement. If the rental agreement contains the provision set
forth in this subsection, the landlord is not required to furnish any
separate or additional written notice to the tenant in order to commence
eviction proceedings for nonpayment of rent even after the original term
of the rental agreement has expired.

(C) Except as provided in this chapter, the landlord may recover actual
damages and obtain injunctive relief, judgments, or evictions in
magistrate's or circuit court without posting bond for any noncompliance
by the tenant with the rental agreement or Section 27-40-510. A real
estate broker-in-charge licensed in this State or a licensed property
manager, in the conduct of his licensed business may, either in person or
through one or more regular employees, complete a form writ of eviction
and present facts to judicial officers on behalf of his
landlord/principal in support of an action for eviction and/or distress
and/or abandonment for which no separate charge is made for this
service. If the tenant's noncompliance is wilful other than nonpayment of
rent, the landlord may recover reasonable attorney's fees, provided the
landlord is represented by an attorney. If the tenant's nonpayment of
rent is not in good faith, the landlord is entitled to reasonable
attorney's fees, provided the landlord is represented by an attorney.

(D) Personal property belonging to a tenant removed from a premises as
a result of an eviction proceeding under this chapter which is placed on
a public street or highway shall be removed by the appropriate municipal
or county officials after a period of forty-eight hours, excluding
Saturdays, Sundays, and holidays, and may also be removed by these
officials in the normal course of debris or trash collection before or
after a period of forty-eight hours. If the premises is located in a
municipality or county that does not collect trash or debris from the
public highways, then after a period of forty-eight hours, the landlord
may remove the personal property from the premises and dispose of it in
the manner that trash or debris is normally disposed of in such
municipalities or counties. The notice of eviction must clearly inform
the tenant of the provisions of this section. The municipality or county
and the appropriate officials or employees thereof have no liability in
regard to the tenant if he is not informed in the notice of eviction of
the provisions of this section.

§ 27-40-740. Landlord's lien; distress proceeding.

(a) A contractual lien or contractual security interest on behalf of
the landlord in the tenant's household goods is not enforceable unless
perfected before the effective date of this chapter.

(b) A landlord may enforce collection of rent by distress only pursuant
to Chapter 39, Title 27; however, the tenant may raise defenses to the
issuance of a distress warrant pursuant to the provisions of this chapter
or the rental agreement and may take advantage of the property exemptions
found in § 15-41-30.

§ 27-40-750. Remedy after termination.

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.

§ 27-40-760. Recovery of possession limited.

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.

§ 27-40-790. Payment of rent into court.

In any action where the landlord sues for possession and the tenant
raises defenses or counterclaims pursuant to this chapter or the rental
agreement:

(a) The tenant is required to pay the landlord all rent which becomes
due after the issuance of a written rule requiring the tenant to vacate
or show cause as rent becomes due and the landlord is required to provide
the tenant with a written receipt for each payment except when the tenant
pays by check. If the landlord and tenant disagree as to the amount of
rent or the time of payments thereof, the court shall hold a hearing as
soon as feasible after the issues have been joined, and preliminarily
determine the matter. In the event that the basis for the disagreement of
the amount of rent due is the landlord's alleged violation of the rental
agreement or the provisions of this chapter, the rent to be paid must be
the fair-market rental value of the premises at the time of the hearing.
Rent must not be abated for a condition caused by the deliberate or
negligent act or omission of the tenant, a member of his family, or other
person on the premises with his permission or who is allowed access to the
premises by the tenant.

(b) The tenant is required to pay the landlord all rent allegedly owed
prior to the issuance of the rule, provided, however, that in lieu of the
payment the tenant may be allowed to submit to the court a receipt and
cancelled check, or both, indicating that payment has been made to the
landlord.

In the event that the amount of rent is in controversy, the court shall
determine the amount of rent to be paid to the landlord in the same
manner as in subsection (a) or (b) of this section.

(c) Should the tenant not appear and show cause within ten days, the
court shall issue a warrant of ejectment pursuant to § 27-37-40 of the
1976 Code.

Should the tenant appear in response to the rule and allege that rent
due under subsections (a) or (b) has been paid, the court shall determine
the issue. If the tenant has failed to comply with subsections (a) or
(b), the court shall issue a warrant of ejectment and the landlord must
be placed in full possession of the premises by the sheriff, deputy, or
constable.

(d) If the amount of rent due is determined at final adjudication to be
less than alleged by the landlord, decision must be entered for the
tenant if he has complied fully with the provisions of this section.