South Carolina § 27-40-330 Prohibited provisions in rental agreements.

South Carolina Statutes

§ 27-40-330 — Prohibited provisions in rental agreements.

South Carolina § 27-40-330

Title 27PROPERTY AND CONVEYANCES

Ch. 40RESIDENTIAL LANDLORD AND TENANT ACT

This text of South Carolina § 27-40-330 (Prohibited provisions in rental agreements.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 27-40-330 (2026).

Text

(a)A rental agreement may not provide that the tenant:

(1)agrees to waive or forego rights or remedies under this chapter;

(2)authorizes any person to confess judgment on a claim arising out of the rental agreement;

(3)agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

(b)A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created by the agreement, the tenant may recover in addition to his actual damages an amount not to exceed the security deposit and reasonable attorney's fees. If a landlo

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(a) A rental agreement may not provide that the tenant: (1) agrees to waive or forego rights or remedies under this chapter; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created by the agreement, the tenant may recover in addition to his actual damages an amount not to exceed the security deposit and reasonable attorney's fees. If a landlord maliciously uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created thereby, the tenant may recover in addition to his actual damages an amount not to exceed three months' periodic rent and reasonable attorney's fees. (c) The provisions of this section shall not operate so as to invalidate bona fide liquidated damage provisions which shall establish the amount of damages for loss of rent resulting from a premature termination of a lease.