South Carolina § 27-40-620 Failure to deliver possession.

South Carolina Statutes

§ 27-40-620 — Failure to deliver possession.

South Carolina § 27-40-620

Title 27PROPERTY AND CONVEYANCES

Ch. 40RESIDENTIAL LANDLORD AND TENANT ACT

This text of South Carolina § 27-40-620 (Failure to deliver possession.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 27-40-620 (2026).

Text

(a)If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in SECTION 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 i

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(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in SECTION 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.