S.C. Code Ann. § 27-40-320
Effect of unsigned or undelivered rental agreement
Operative Text
(a) If the landlord does not sign and deliver a written rental agreement which has been signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. (b) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to the tenant by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. (c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.
Section 27-40-320 of the South Carolina Residential Landlord and Tenant Act addresses what happens when a written rental agreement is not formally signed and returned by one of the parties. Under subsection (a), if a landlord accepts rent without reservation after receiving a tenant-signed agreement, that agreement becomes legally binding as though the landlord had signed it. Under subsection (b), the same principle applies in reverse: if a tenant takes possession and pays rent without reservation after receiving a landlord-signed agreement, the agreement is treated as fully executed by the tenant. Subsection (c) adds a cap: even if such an agreement specifies a term longer than one year, it can only be enforced for one year under this provision.
Plain English — not legal advice.
Property owners and managers operating under S.C. Code Ann. § 27-40-320 should be aware that accepting rent payments—without explicitly reserving rights or objecting—can bind them to the terms of a written agreement they never formally countersigned. Compliant operators typically ensure that any written agreement is reviewed, signed, and returned before rent is collected, or that any reservation of rights is clearly communicated if rent is accepted before execution is complete. Operators also generally confirm that lease terms exceeding one year are properly executed by both parties, since § 27-40-320(c) limits the enforceability of agreements given effect under this section to one year.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under S.C. Code Ann. § 27-40-320, tenants have a basis to argue that a written rental agreement is binding on a landlord even if the landlord never formally signed it, provided the landlord accepted rent without reservation. Similarly, a tenant who takes possession and pays rent without reservation may be bound by the terms of an agreement the landlord signed and delivered, even without the tenant's own signature. Tenants who have questions about whether an agreement has been given legal effect under this section may benefit from consulting a tenant-rights organization or legal aid service familiar with South Carolina landlord-tenant 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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