Short answer: A South Carolina month to month lease ends with written notice given at least 30 days before the termination date named in the notice, by either you or the landlord, under S.C. Code § 27-40-770(b). A tenant who willfully stays past that date can owe up to three months’ rent or twice the landlord’s actual damages, whichever is greater, plus attorney’s fees.
South Carolina adopted a version of the Uniform Residential Landlord and Tenant Act in 1986, and its periodic-tenancy rules still read much as they did then. What makes the state distinctive is the retaliation section: rent increases are judged against “fair-market value,” and a retaliatory non-renewal can buy a tenant 75 extra days.
South Carolina month to month lease: key rules
| Rule | South Carolina | Statute |
|---|---|---|
| End a month-to-month tenancy | Written notice at least 30 days before the termination date, either side | § 27-40-770(b) |
| End a week-to-week tenancy | Written notice at least 7 days before the termination date | § 27-40-770(a) |
| Default when no fixed term | Month to month (week to week for weekly-paying roomers) | § 27-40-310(d) |
| Willful holdover | Up to 3 months’ rent or twice actual damages, whichever is greater, plus attorney’s fees | § 27-40-770(c) |
| Rent increase notice | No statutory period | S.C. Code ch. 27-40 |
| Retaliatory non-renewal | Landlord cannot recover possession for 75 days | § 27-40-910(g) |
How you become a month-to-month tenant in South Carolina
The Act counts spoken deals. Section 27-40-210(12) defines a rental agreement as “all agreements, written or oral,” along with valid rules adopted under § 27-40-520. And under § 27-40-310(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.”
Unsigned paperwork can still bind both sides. Under § 27-40-320, if you signed and delivered a lease and the landlord never signed it, the landlord’s “acceptance of rent without reservation” gives the agreement the same effect as if signed. The reverse is also true: if the landlord signed and you did not, taking possession and paying rent without reservation has the same effect.
After a fixed term ends, § 27-40-770(c) points to § 27-40-310(d) when the landlord consents to your staying, which puts you back in the default monthly tenancy unless you agree to a new term. Weigh the two options with our month-to-month vs fixed-term lease comparison.
Giving and receiving notice
Section 27-40-770(b) says “The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.” Three practical points follow:
- It must be written. A phone call does not end the tenancy.
- You choose the date. The statute counts back from “the termination date specified in the notice” rather than from a rent due date. Since rent is “uniformly apportionable from day to day” unless otherwise agreed under § 27-40-310(c), a mid-month date is possible, but a month-end date avoids arguments.
- The rule is the same at year one and year ten. Chapter 27-40 sets no longer notice for long tenancies and no just-cause requirement.
For a weekly tenancy, § 27-40-770(a) requires written notice at least seven days before the termination date.
Late rent on a monthly tenancy
Separate from the 30-day rule, § 27-40-710(B) lets a landlord terminate if rent is not paid within five days of the due date, after written notice. That notice needs to be given only once for the tenancy, and a lease containing the statute’s “IF YOU DO NOT PAY YOUR RENT ON TIME” language satisfies it in advance. Read your lease for that paragraph.
Worked example: a Columbia townhouse
Darnell rents a Columbia townhouse for $1,325 a month, due on the 1st. His one-year lease ended in July 2026, and his landlord kept accepting rent, so he is month-to-month. In late October he complained to the city’s code enforcement office about a failing water heater.
On November 2, 2026, his landlord serves a written notice ending the tenancy on December 31, 2026, which is more than 30 days out and facially valid under § 27-40-770(b). Darnell believes the notice is payback. If the landlord files for possession, § 27-40-910(f) requires Darnell to notify the landlord in writing within ten days after service of the Rule to Vacate or Show Cause that he intends to raise retaliation as a defense.
If a court agrees the non-renewal was retaliatory and Darnell is current on rent, § 27-40-910(g) bars the landlord from recovering possession for 75 days, and the landlord may not raise rent above fair-market value or cut essential services in the meantime. Under subsection (h), a retaliating landlord is liable for up to three months’ rent ($3,975 here) or triple Darnell’s actual damages, whichever is greater, plus attorney’s fees.
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The flip side matters, too. Under § 27-40-910(b), if the defense is without merit, the landlord gets attorney’s fees, and if it is raised in bad faith, the landlord may recover up to three months’ rent or treble damages. Retaliation is a serious defense, not a stalling tactic. Check your own deadline with the notice deadline calculator.
Rent increases on a South Carolina month-to-month
Chapter 27-40 does not set a notice period for rent increases or cap the amount. Because either side can end a monthly tenancy on 30 days’ written notice, a landlord generally proposes the new rent for a period after that window, and you decide whether to stay.
The retaliation section supplies the limit. Under § 27-40-910(a), a landlord may not retaliate “by increasing rent to an amount in excess of fair-market value” after you complain to a code agency or complain to the landlord about a violation of the chapter. Subsection (e) adds that a landlord renting more than four adjoining units may raise rent without a presumption of retaliation if the increase applies uniformly to all tenants or stays within fair-market value. Our landlord retaliation guide explains how to document timing.
Holding over after the end date
If you stay without the landlord’s consent, § 27-40-770(c) allows an action for possession. If the holdover “is not in good faith,” the landlord may recover reasonable attorney’s fees. If it is “a wilful violation” of the chapter or the lease, the landlord may also recover up to three months’ periodic rent or twice actual damages, whichever is greater. For Darnell, three months’ rent would be $3,975.
Servicemembers
South Carolina has a large military population. The Servicemembers Civil Relief Act, 50 U.S.C. § 3955, gives qualifying servicemembers a separate exit. For a monthly lease, it ends 30 days after the first rent due date that follows delivery of the notice.
Frequently Asked Questions
Can a South Carolina landlord end my month-to-month tenancy without a reason?
Generally yes, with 30 days’ written notice under § 27-40-770(b). The limits are retaliation under § 27-40-910 and discrimination barred by the federal Fair Housing Act.
I never signed the lease my landlord gave me. Does it still apply?
Likely, if you moved in and paid rent without reservation. Section 27-40-320(b) gives an unsigned lease the same effect as a signed one in that situation.
How quickly must I raise a retaliation defense?
Within ten days after service of the Rule to Vacate or Show Cause, in writing to the landlord, under § 27-40-910(f). The statute says the tenant “must” give that notice, so treat it as a firm deadline.
What does “fair-market value” mean for my rent increase?
The statute uses it as a ceiling only when the increase is retaliatory. An increase to market rent, or a uniform increase across a complex of more than four adjoining units, is not presumed retaliatory under § 27-40-910(e).
Where can I learn about getting my deposit back?
Our South Carolina security deposit law guide covers the return deadline and itemization.
Your next step: put any termination or rent notice in a folder with the date you received it, and if you recently complained about conditions, note that date too, because § 27-40-910 turns on timing. Compare South Carolina with other states on our month-to-month lease laws by state page. This guide is general information, not legal advice; for free help, start with LSC’s get legal help page.