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South Carolina Notice to Tenants of Intent to Sell

South Carolina law does not expressly require landlords to serve a dedicated notice of intent to sell, yet it still governs how you show the unit, terminate the tenancy, and transfer the security deposit when the property changes hands. Our AI drafts a clear, compliant Notice to Tenants of Intent to Sell in minutes, weaving in South Carolina's 24 hour entry rule and Section 27-40-410 deposit obligations, with attorney-review available before you deliver.

Introduction

When selling a tenant-occupied property in South Carolina, state law provides a clear framework for landlords, even without requiring a formal 'notice to sell.' This guide focuses on navigating those rules effectively. Clear communication is key. While not legally mandatory, a written notice is a crucial best practice that sets clear expectations. It helps you smoothly manage property showings in line with the state's 24-hour entry rule and handle the security deposit transfer correctly under Section 27-40-410, ensuring a professional and compliant sale process.

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Key Things to Know

  1. 1

    South Carolina is unique; it doesn't legally force landlords to issue a preliminary notice about their intent to sell, making this communication a professional best practice rather than a statutory command.

  2. 2

    To show the home to potential buyers, you must give your tenant at least 24 hours' notice before entering, and property access is restricted to reasonable times.

  3. 3

    A property sale does not break a lease. The buyer inherits the current rental agreement and is obligated to uphold its terms until the lease period concludes.

  4. 4

    For tenants on a month-to-month lease, ending the tenancy requires a minimum of 30 days' written notice from either the tenant or the landlord (whether current or new).

  5. 5

    The selling landlord stays on the hook for the tenant's security deposit unless it's formally transferred to the buyer and the tenant gets written notification about the change.

  6. 6

    After the sale closes, the seller is only released from future lease obligations once they provide the tenant with a separate, formal 'Notice of Conveyance' as specified in S.C. Code Ann. § 27-40-360.

  7. 7

    The state does not publish an official template for this notice, which makes using a carefully prepared document essential for covering all of South Carolina's specific rules.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

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Notice of Intent to Sell Rental Property

Provided on Date: ______________________

For Tenant(s): ________________________________________

Property Address: ________________________________________, South Carolina, ZIP __________

From Landlord/Owner: ________________________________________

1. A Heads-Up About Selling the Property

We are writing to let you know about our plans to sell the property you are currently renting. While South Carolina law doesn't have a specific rule that requires landlords to give this advance notice, we believe in open communication and want to make this process as smooth as possible for everyone involved. This document outlines the plan for showings and clarifies what you can expect regarding your lease and security deposit. It serves as a professional courtesy to keep you fully informed. Think of this as the first step; you can find more general information in a standard (/legal-document/notice-to-tenants-of-intent-to-sell) but the details below are tailored to state law.

2. Your Lease Agreement Stays Put

It is important to understand that this notice does not change your current rental agreement. The sale of the property does not automatically terminate your lease.

  • For Fixed-Term Leases: If you have a lease for a specific term, the new owner is legally required to honor all of its conditions, including the rent amount and expiration date. They simply step into our shoes as your landlord.
  • For Month-to-Month Tenancies: If you are on a month-to-month agreement, the tenancy continues as usual. To end the tenancy, either the current landlord, the new owner, or you must provide at least thirty (30) days' written notice as mandated by South Carolina law. This document is not a notice to vacate.

3. Arranging Property Showings

To sell the property, we will need to show it to potential buyers. We will respect your privacy and legal rights throughout this process. In accordance with the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-530(c)), we will always provide you with at least twenty-four (24) hours' notice before scheduling a showing. Showings will only occur at reasonable times. We will work with you to find convenient windows and greatly appreciate your cooperation in keeping the property accessible. Please let us know of any preferred times below.

Best days/times for showings: ________________________________________

Note for Pet Owners: Please make arrangements to secure any pets during scheduled showings for their safety and the comfort of visitors.

4. How We'll Handle Your Security Deposit

Your security deposit is protected by state law (S.C. Code Ann. § 27-40-410). As the selling landlord, we remain responsible for your deposit unless specific steps are taken at closing. Liability for the deposit will only transfer to the new owner if two things happen: first, the deposit funds are actually transferred from us to the buyer, and second, you receive a written notice shortly after the sale confirming the transfer and providing the new owner's name and address. We will ensure you get this written confirmation when the time comes.

5. What Happens After the Sale

6. Questions and Contact

Landlord/Agent Printed Name: ______________________

Contact Phone/Email: ______________________

South Carolina Requirements for Notice to Tenants of Intent to Sell

No Mandated Notice of Intent

South Carolina law has no statute explicitly requiring a landlord to issue a notice of intent to sell. Providing one is a recommended best practice for communication, not a legal mandate.

24-Hour Notice for Showings

Per S.C. Code Ann. § 27-40-530, a landlord must give the tenant at least 24 hours' notice before entering the unit to show it to prospective buyers and may only enter at reasonable times.

Lease Survives Property Sale

An existing rental agreement continues after a sale. A fixed-term lease is binding on the new owner until its expiration, while a month-to-month tenancy requires a separate 30-day written notice to terminate.

Security Deposit Transfer Rules

Under S.C. Code Ann. § 27-40-410, the seller remains liable for the security deposit unless it is transferred to the buyer AND the tenant receives written notice of the transfer, including the buyer's name and address.

Post-Sale Notice of Conveyance

To be relieved of future liability under the lease, the selling landlord must provide the tenant with written notice of the conveyance after the sale closes, per S.C. Code Ann. § 27-40-360.

Bona Fide Purchaser Standard

The liability relief granted under Section 27-40-360 specifically applies to a good faith sale to a bona fide purchaser, a standard the transaction must meet for the statutory protections to apply.

Written Notices Required

Both the 24-hour entry notice and the post-sale notice of conveyance must be provided in writing to be legally effective.

Recordkeeping for Compliance

Landlords should retain dated copies of all notices sent to tenants (intent to sell, entry, conveyance) to document compliance with statutory timelines and requirements.

Frequently Asked Questions

South Carolina wants at least 24 hours' notice before I enter to show the unit, and the entry time has to be reasonable. S.C. Code Section 27-40-530(c) sets that bar, protecting my tenant's quiet enjoyment while still letting me get prospective buyers through the door.

Selling doesn't end an active lease here. The buyer takes over as landlord and is bound by the terms already in place. My tenant keeps the right to stay through the end of the original lease term, no matter that ownership has changed hands.

South Carolina doesn't hand me a required form for a Notice of Intent to Sell, so I write my own. The key is that it plainly states I'm selling the property and lays out how showings will work for my tenant during the process.

With the required 24-hour notice given and a reasonable entry time chosen, my tenant can't unreasonably block a showing. S.C. Code Section 27-40-530 backs my right of access, though I still try to coordinate times that actually work for the tenant.

The month-to-month tenancy carries on under the new owner. To end it, either I or the buyer has to give 30 days' written notice under S.C. Code Section 27-40-770(b). The sale on its own doesn't terminate anything automatically; that notice still has to be served.

Build the notice around three facts: I'm planning to sell, showings will be scheduled in coordination with my tenant, and any fixed-term lease already in place carries over untouched, so my tenant keeps the same rights even after a buyer takes title.

Go with a method I can later prove. Delivering the notice by hand to my tenant works, mailing it certified with a return receipt works, and any option my lease explicitly allows works as well. What matters is walking away with a record of receipt.

Responsibility for the deposit shifts at the closing table. When ownership transfers, my tenant's deposit goes to the new owner rather than staying with me. That owner then takes over the duty of protecting the money and giving it back when the tenancy concludes.