South Carolina Subletting, Lease Endings & Tenant Death
South Carolina rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: South Carolina has no state law in its Residential Landlord and Tenant Act that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard. S.C. Code Title 27, Ch. 40 (reviewed)
The rules in South Carolina
| Subletting | South Carolina has no state law in its Residential Landlord and Tenant Act that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard. Reviewed S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act) on 2026-10-28; no provision found. |
|---|---|
| When the lease ends | If a tenant stays after the lease term ends without the landlord's consent, the landlord may sue for possession; if the holdover is willful, the landlord may also recover the greater of up to three months' periodic rent or twice actual damages, plus reasonable attorney's fees. If the landlord consents to the tenant staying, the tenancy has no fixed term and is week to week for a roomer paying weekly and month to month otherwise. Periodic tenancies end with written notice of at least 7 days (week to week) or 30 days (month to month). The Act has no rule on automatic renewal clauses. Reviewed S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act) on 2026-10-28; no provision found. (automatic renewal clauses) |
| If a tenant dies | South Carolina has no state law in its Residential Landlord and Tenant Act that addresses what happens to a lease, the deposit or belongings when a tenant dies. The Act's abandonment rule treats a tenant's unexplained absence for 15 days after a rent default as abandonment. Reviewed S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act) on 2026-10-28; no provision found. |
South Carolina vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| South Carolina | South Carolina has no state law in its Residential Landlord and Tenant Act that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard. S.C. Code Title 27, Ch. 40 (reviewed) | If a tenant stays after the lease term ends without the landlord's consent, the landlord may sue for possession; if the holdover is willful, the landlord may also recover the greater of up to three months' periodic rent or twice actual damages, plus reasonable attorney's fees. If the landlord consents to the tenant staying, the tenancy has no fixed term and is week to week for a roomer paying weekly and month to month otherwise. Periodic tenancies end with written notice of at least 7 days (week to week) or 30 days (month to month). The Act has no rule on automatic renewal clauses. S.C. Code §§ 27-40-770, 27-40-310(d) | South Carolina has no state law in its Residential Landlord and Tenant Act that addresses what happens to a lease, the deposit or belongings when a tenant dies. The Act's abandonment rule treats a tenant's unexplained absence for 15 days after a rent default as abandonment. S.C. Code Title 27, Ch. 40 (reviewed); § 27-40-730 |
| Georgia | A Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. Georgia's official handbook says the lease determines whether a tenant may sublet, and that subletting often requires the landlord's permission. The original tenant stays responsible to the landlord for rent and for damage caused by the subtenant. O.C.G.A. § 44-7-1(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 14 | At the end of a lease, it renews, extends or ends as the lease says; a lease can contain automatic extension language that renews it unless the tenant gives notice of leaving. If the lease expires and the landlord keeps accepting monthly rent without a new lease, a tenancy at will is created on the old lease terms. A tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. A tenant who stays past the end of the term can be removed through a court dispossessory proceeding. O.C.G.A. §§ 44-7-6, 44-7-7, 44-7-50(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 14-15 | Not verified yet |
| North Carolina | North Carolina's landlord-tenant chapter (Chapter 42) has no provision on a residential tenant's right to sublet or assign a lease. N.C. Gen. Stat. Chapter 42 (reviewed) | A tenant who stays after the lease term has expired, without the landlord's permission and after the landlord demands possession, may be removed through a summary ejectment case. Holding over after a fixed-term lease with no renewal option is also a ground on which a landlord may win even if the tenant claims retaliation. N.C. Gen. Stat. §§ 42-26(a)(1), 42-37.1(c)(2) | When a tenant who was the sole occupant dies leaving belongings in the unit, the landlord may, instead of filing a summary ejectment case, file an affidavit under G.S. 28A-25-7 to remove the personal property. The fact that a prior occupant died in the property is not a material fact a landlord must disclose when renting, although a landlord may not knowingly lie about it. N.C. Gen. Stat. §§ 42-36.3, 42-14.2 |
More South Carolina rental law
- South Carolina Security Deposit Law
- South Carolina Eviction Laws
- South Carolina Notice to Vacate Rules
- Landlord Entry Rules in South Carolina
- South Carolina Repairs & Tenant Remedies
- South Carolina Rent Increase & Late Fee Laws
- Breaking a Lease in South Carolina
- Squatters' Rights in South Carolina
- South Carolina Rental Fee Rules
- South Carolina Section 8, Records & Right to Counsel
- South Carolina Mold, Pests, Heat & AC Rules
- South Carolina Privacy, Guests & Animal Rules
- South Carolina Landlord Selling the House
- South Carolina Lockouts, Utility Shutoffs & Retaliation
- All South Carolina landlord-tenant rules
- Free legal help in South Carolina
Compare subletting, lease endings & tenant death in all 50 states and DC →
South Carolina Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in South Carolina?
South Carolina has no state law in its Residential Landlord and Tenant Act that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard. (S.C. Code Title 27, Ch. 40 (reviewed))
What happens when my lease ends in South Carolina?
If a tenant stays after the lease term ends without the landlord's consent, the landlord may sue for possession; if the holdover is willful, the landlord may also recover the greater of up to three months' periodic rent or twice actual damages, plus reasonable attorney's fees. If the landlord consents to the tenant staying, the tenancy has no fixed term and is week to week for a roomer paying weekly and month to month otherwise. Periodic tenancies end with written notice of at least 7 days (week to week) or 30 days (month to month). The Act has no rule on automatic renewal clauses. (S.C. Code §§ 27-40-770, 27-40-310(d))
What happens to a lease when a tenant dies in South Carolina?
South Carolina has no state law in its Residential Landlord and Tenant Act that addresses what happens to a lease, the deposit or belongings when a tenant dies. The Act's abandonment rule treats a tenant's unexplained absence for 15 days after a rent default as abandonment. (S.C. Code Title 27, Ch. 40 (reviewed); § 27-40-730)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.