S.C. Code Ann. § 27-40-330
Prohibited provisions in rental agreements
Operative 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 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.
Under S.C. Code Ann. § 27-40-330, certain clauses are flatly prohibited from appearing in South Carolina residential rental agreements. Specifically, a lease cannot strip tenants of their statutory rights, allow someone to confess judgment against a tenant on a lease-related claim, or shield a landlord from legal liability. Any such clause is void and unenforceable regardless of whether a tenant signed the agreement containing it. Notably, the provision carves out an exception for legitimate liquidated-damages clauses that set a defined amount for losses caused by a tenant ending a lease early.
Plain English — not legal advice.
Property owners and managers operating under South Carolina's residential landlord-tenant law should review all lease templates to ensure they do not contain clauses that § 27-40-330 expressly prohibits—such as liability waivers, confession-of-judgment provisions, or indemnification clauses running in the landlord's favor. Compliant operators generally work with qualified legal counsel when drafting or updating lease forms to confirm that no prohibited language has been included, even inadvertently. Landlords who knowingly include and attempt to enforce such clauses face exposure to tenant claims for actual damages plus additional amounts up to three months' rent and attorney's fees, depending on whether the conduct is found to be deliberate or malicious.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
South Carolina tenants are protected by § 27-40-330, which renders unenforceable any lease clause that purports to waive statutory rights, allow a confession of judgment, or release a landlord from legal liability—meaning a tenant cannot be bound by such a clause even if they signed the lease. If a landlord knowingly includes prohibited language and tries to act on it, the tenant may have grounds to seek actual damages, an additional monetary award, and attorney's fees through the courts. Tenants who believe a landlord is attempting to enforce a prohibited lease provision may wish to consult a tenant-rights organization or a licensed South Carolina attorney to understand the options available under this section.
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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