Renting a home that was foreclosed in South Carolina: your rights

Your rights as a renter in South Carolina, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. South Carolina's notice periods are shorter

   30 days for month to month

   South Carolina lets a landlord end a month to month tenancy with 30 days' written notice, or a week to week tenancy with 7 days. For a bona fide tenant after a foreclosure, the federal 90 days is longer and still applies.

   S.C. Code § 27-40-770(a), (b)

3. Removal only through the magistrate

   Hearing within 10 days after the rule is served

   To remove a tenant, the owner applies to a magistrate, who issues a rule telling you to leave or appear and show why you should not be ejected within 10 days after it is served. Go to the hearing with your lease, receipts and any foreclosure notices, and tell the magistrate you are a tenant with federal rights.

   S.C. Code §§ 27-37-10, 27-37-20

4. No lockouts or utility shutoffs

   Any time

   If a landlord unlawfully removes or locks you out, or willfully cuts off essential services, you can get back in or end the lease and recover three months' rent or twice your actual damages, whichever is more, plus attorney's fees.

   S.C. Code § 27-40-660

5. Who holds your security deposit

   Ask in writing after the sale

   When a landlord conveys the home in a good faith sale, the old landlord stays responsible for your deposit unless it is transferred to the buyer and you are told in writing, in which case the buyer is responsible. We did not confirm how this applies to a foreclosure sale, so ask your old landlord and the new owner in writing which one has it.

   S.C. Code § 27-40-450(a)

6. Getting your deposit back

   Within 30 days after you leave and ask

   The landlord must send an itemized list of deductions with any money due within 30 days after the tenancy ends, you give up possession and you demand it, whichever is later. Give your new address in writing. A landlord who wrongly keeps it can owe three times the amount plus attorney's fees.

   S.C. Code § 27-40-410(a), (b)

Common questions in South Carolina