What is a landlord’s lien?

A landlord’s lien is a legal claim that a landlord can make against a tenant who has failed to pay rent or comply with the terms of their lease. This lien gives the landlord the right to sell the tenant’s possessions or property and use the proceeds to make up for the unpaid rent or cover any damages the tenant has caused. In South Carolina, the landlord must file the lien with the county’s clerk of court. Landlord’s liens can cover the rent amount due as well as any legal costs the landlord has incurred during the eviction process. Prior to the sale of the tenant’s property, the landlord must provide the tenant with notice, typically in writing, at least 10 days before the auction. Furthermore, the proceeds of the sale must be applied to the amount due, with any remaining funds paid to the tenant. Landlord’s liens protect the rights of the landlord in South Carolina if the tenant breaches the lease or fails to pay rent.

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