A sublease by a tenant without written consent of the landlord is a nullity insofar as the rights of the landlord are concerned, except that rent collected by a tenant from a subtenant shall be deemed to be held in trust by the tenant for the benefit of the landlord until the payment of the landlord's claim for rent. But when the premises have been sublet the sublessor, as between himself and the subtenant or sublessee, shall be deemed the landlord and the sublessee the tenant under him and the provisions of Chapters 33 through 37, Section 27-39-10 and Article 3 of Chapter 39 of this Title, other than Sections 27-35-80, 27-35-170 and 27-35-180, 27-39-280 and 27-39-300 shall apply to sublessors and sublessees, as between themselves, as in other cases of landlord and tenant.
HISTORY: 1962 Code Section 41-56; 1952 Code Section 41-56; 1946 (44) 2584; 1972 (57) 2451.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates
Section 27-35-10. Tenancies created by oral agreement.
Section 27-35-20. Agreement for more than one year.
Section 27-35-30. Tenancies deemed month to month; exceptions.
Section 27-35-40. Use of premises without agreement or permission or by trespass; rent.
Section 27-35-50. Sale of real estate under lease.
Section 27-35-60. Validity and effect of subleases.
Section 27-35-70. Person deemed in possession of real estate.
Section 27-35-75. Lessee's obligations as to use and maintenance; lessor's right to inspect.
Section 27-35-80. Attornments by tenants.
Section 27-35-90. Time for payment of rents.
Section 27-35-100. Time of termination of farm tenancies.
Section 27-35-110. Time of expiration of agreed tenancy for term or years.
Section 27-35-120. Termination of month to month tenancy.
Section 27-35-130. Notice required for tenants at will and domestic servants.
Section 27-35-140. Failure to pay rent.
Section 27-35-150. Abandonment of premises.
Section 27-35-160. Unlawful abandonment of buildings without notice.
Section 27-35-170. Holding over following demand for possession; penalty.
Section 27-35-180. Penalty for not delivering possession after notice of intent to quit.