K. Holdover Tenants

• Library: Practical Guide to Commercial Real Estate in South Carolina (SCBar) (2012 Ed.)

K. Holdover Tenants

1. Tenancy- At Will and Holdovers

As mentioned earlier, a tenant for a term who holds over after the expiration of the term becomes a tenant at will and the landlord has the option of treating the tenant as either wrongfully or rightfully retaining possession.¹⁵⁰ If the landlord treats such tenant as wrongfully retaining possession, termination of a tenant at will can only occur after 20 days written notice is given. The tenant at will becomes a holdover if the tenant fails to vacate the leased premises after receipt of the 20 day written notice of termination.

2. Accrual of Rent

After commencement of ejection proceedings by issuance of a rule to vacate or show cause, the rental for the use and occupancy of the premises involved shall continue to accrue so long as tenant remains in possession of premise, at the same rate as prevailed immediately prior to the issuance of such a rule...