S.C. Code Ann. § 27-40-230
Unconscionability
Operative Text
(a) If the court as a matter of law, finds: (1) a rental agreement was unconscionable when made, the court may refuse to enforce the rental agreement; (2) any provision of a rental agreement was unconscionable when made, the court may enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result; or (3) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
Section 27-40-230 of the South Carolina Residential Landlord and Tenant Act gives courts the authority to address rental agreements or settlements that are found to be unconscionable—meaning grossly unfair or one-sided—at the time they were made. A court may refuse to enforce the entire agreement, strike only the offending provision while keeping the rest intact, or limit how an unfair clause applies in order to reach a fair outcome. When unconscionability is raised by either party or by the court itself, both sides must be given a reasonable chance to present evidence about the circumstances, purpose, and effect of the agreement or settlement.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-230, courts scrutinize rental agreements and settlements for terms that were unconscionable at the time of signing, which means property owners and managers generally benefit from ensuring that lease terms are clear, balanced, and not exploitative. Compliant operators typically use plain-language leases, avoid clauses that waive tenant rights protected by Chapter 40, and document the circumstances under which agreements are signed. Keeping records of how lease terms were presented and agreed upon can be relevant if a court ever examines the setting and purpose of the agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-40-230 provides a legal basis for challenging a rental agreement or settlement that was grossly unfair when it was made, including provisions that may have waived rights granted under Chapter 40. If unconscionability is raised in a court proceeding, tenants have the right to present evidence about the circumstances surrounding the agreement—such as how it was presented and what effect it has had. Tenants who believe a lease clause or settlement is unconscionable may wish to consult a tenant-rights organization or legal aid provider to understand what options may be available in a court setting.
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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