S.C. Code Ann. § 27-40-120
Exclusions from application of chapter
Operative Text
The following arrangements are not governed by this chapter: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest; (3) occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) transient occupancy in a hotel, motel, or other accommodations subject to the sales tax on accommodations as provided by SECTION 12-36-920; (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; (7) occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes; (8) occupancy under a rental agreement in a premises regulated by the provisions of Chapter 32 of Title 27 of the 1976 Code (Vacation Time Sharing Plan Act). (9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private.
Section 27-40-120 of the South Carolina Residential Landlord-Tenant Act carves out nine categories of living arrangements that fall entirely outside the chapter's protections and obligations. These include situations such as institutional residences tied to detention or care, hotel and motel stays subject to accommodations sales tax, agricultural leases, vacation timeshare properties, and charitable or emergency shelter stays, among others. Because these arrangements are excluded, neither the landlord-protective nor the tenant-protective provisions of Chapter 40 apply to them.
Plain English — not legal advice.
Operators of properties that fall into one of the nine categories listed in § 27-40-120—such as employee housing where occupancy depends on continued employment, condominium owner-occupancy, fraternal organization housing, or accommodations taxed under the state sales tax on accommodations—are not bound by the requirements of Chapter 40. Compliant operators in these excluded categories typically rely on the specific legal frameworks that do govern their arrangement, such as employment contracts, condominium association rules, or the Vacation Time Sharing Plan Act. Understanding which legal regime actually applies to a given property type is an important part of managing obligations and rights correctly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you live in one of the arrangements described in § 27-40-120—for example, a hotel or motel, an emergency shelter, an agricultural rental, or housing tied to your job with a landlord—the South Carolina Residential Landlord-Tenant Act's protections generally do not apply to your situation. This means remedies available under Chapter 40, such as habitability requirements or limits on security deposits, may not be available through that statute. Tenants who are uncertain whether their living arrangement qualifies as an exclusion may find it helpful to consult a tenant-rights organization or legal aid service familiar with South Carolina housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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