If my landlord doesn't give me notice and I keep paying rent after my lease ends, do I automatically become month-to-month?

Yes, if your landlord accepts the rent, you've likely created a month-to-month tenancy under South Carolina Code § 27-40-310, even without a written agreement. At that point, either party needs 30 days' written notice to terminate the tenancy, so you gain some legal protection—but it's better to have an actual written agreement from the start.

How much notice does my landlord need to give me to end a month-to-month tenancy in Myrtle Beach?

Your landlord must give you at least 30 days' written notice under South Carolina Code § 27-40-770, and that notice must be effective on the last day of your rental period (typically the last day of the month). Your landlord can't just tell you verbally or give you 15 days—the notice has to be in writing and meet the statutory deadline.

Can my landlord refuse to convert my lease to month-to-month and just evict me instead?

If your lease has a specific end date and your landlord doesn't want to renew, they don't need to convert it to month-to-month—they just need to not renew it. However, they still must follow South Carolina eviction law (§ 27-40-770) if you stay past the lease end date and continue paying rent, which requires proper written notice before they can file for eviction.

Month-to-Month Lease Conversion in Myrtle Beach, South Carolina

Your Lease Is Ending—Here's What Happens Next in Myrtle Beach

Here's the thing: when your fixed-term lease expires in Myrtle Beach, South Carolina, you don't automatically stay as a month-to-month tenant. That's a common misconception, and it costs people time and stress they don't need. What actually happens depends on what you and your landlord do—or don't do—before that lease end date rolls around.

The short answer is that you've got a narrow window to figure this out, and the deadlines matter more than you might think.

South Carolina's Default Rule for Expiring Leases

When your written lease term ends without either party taking action, South Carolina law doesn't just roll you into a month-to-month arrangement by default. Here's what the law actually says: South Carolina Code § 27-40-730 governs what happens when a lease expires. If you stay in the property after the lease term ends and your landlord accepts rent from you, you've created what the law calls a "tenancy at will" or periodic tenancy. But here's the critical part—that doesn't automatically convert to month-to-month on landlord-friendly terms.

In Myrtle Beach specifically, your City Code § 5-7-10 and the Horry County Property and Housing Code also regulate rental relationships, so you're dealing with local rules layered on top of state law. This matters because local ordinances sometimes offer renters more protection than state baseline rules. — at least that's how it works in most cases

The Timeline: When You Need to Act

Look, deadlines are everything here, and Myrtle Beach doesn't give you tons of wiggle room.

If your landlord wants you out when the lease ends, they must give you written notice. South Carolina Code § 27-40-770 requires landlords to give you at least 30 days' written notice to terminate a month-to-month tenancy. But here's what makes this tricky: that 30-day notice period typically needs to end on the last day of a rental period (usually a month). So if your lease ends on, say, March 31st and your landlord wants you gone, they should've given you written notice by around February 28th to end your tenancy on March 31st without creating an automatic month-to-month.

If notice wasn't given in time, and you pay rent for April, you've likely just created a month-to-month tenancy whether anyone intended to or not.

What Happens If You Stay and Keep Paying Rent

Honestly, this is where things get messy for a lot of renters in Myrtle Beach. If your lease expires and you don't leave—and your landlord doesn't formally object or serve you with an eviction notice—and you keep paying rent that they keep accepting, you've established what courts call a "periodic tenancy."

Under South Carolina Code § 27-40-310, once that periodic tenancy is established, either party can terminate it by giving proper notice. Your landlord now needs to follow the formal 30-day notice requirement (per § 27-40-770) instead of just being able to lock you out. You've gained some legal protection, but you've also committed to a new tenancy agreement that works differently than your original lease.

The frequency of that periodic tenancy usually matches how often rent is paid—so if you're paying monthly, it's a month-to-month tenancy. That means either party needs to give 30 days' written notice to terminate, effective on the last day of a rental period.

What You Should Do Before Your Lease Expires

Real talk—don't leave this to chance.

About 60 days before your lease ends, sit down with your landlord and have a direct conversation. Do they want you to stay? Do you want to stay? Get an answer. If you both want to continue the relationship, ask them to put a month-to-month agreement in writing. This doesn't have to be complicated. A simple one-page agreement that says "tenancy continues month-to-month beginning [date], at $[rent amount] per month, with either party able to terminate with 30 days' written notice" protects both of you and prevents misunderstandings later.

If your landlord says they want you out, get that in writing too. Ask them for formal notice under South Carolina Code § 27-40-770. Don't just assume you know what's happening based on a conversation. Written notice is everything in tenant-landlord disputes.

If you're not sure whether you want to stay, give yourself until about 45 days before your lease ends to decide. That gives you time to either negotiate a month-to-month arrangement or start looking for a new place.

Know Your Myrtle Beach Protections

Myrtle Beach and Horry County have added some tenant protections beyond what state law requires. Myrtle Beach Code § 5-7-100 requires landlords to maintain rental properties in habitable condition—and that obligation doesn't disappear just because your lease is expiring or converting to month-to-month.

If there are code violations or maintenance issues, those don't become your problem just because your lease changed status. You still have the right to request repairs and to pursue remedies if your landlord ignores them. Document everything in writing, especially if you're transitioning to a new tenancy arrangement.

Your Next Move Today

Pull out your lease right now and find the expiration date. Write it down. Now count back 60 days and mark that on your calendar as your "conversation deadline." Before that date arrives, reach out to your landlord—email is best so you have a record—and ask clearly: "I want to confirm what happens when my lease ends on [date]. Should we discuss a renewal or month-to-month arrangement?" Get their response in writing. If they respond saying they want you to move, ask them to provide formal 30-day notice in writing. If they're open to month-to-month, draft that simple agreement and get their signature. You'll know exactly where you stand, which is way better than finding out through an eviction notice.