S.C. Code Ann. § 27-40-340
Separation of rents and obligations to maintain property forbidden
Operative Text
A rental agreement, assignment, conveyance, trust deed, mortgage, or security instrument may not permit the receipt of rent absent the obligation to comply with SECTION 27-40-440(a).
Section 27-40-340 of the South Carolina Residential Landlord and Tenant Act establishes that no rental agreement, assignment, conveyance, trust deed, mortgage, or security instrument can be structured in such a way that a landlord or other party receives rent while being freed from the duty to maintain the property as required by Section 27-40-440(a). In other words, the law treats the right to collect rent and the obligation to keep the property habitable as inseparable — one cannot exist without the other. Any contractual provision that attempts to sever these two responsibilities is not permitted under South Carolina law.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-340, property owners and managers should be aware that no lease clause, mortgage arrangement, assignment, or other instrument can relieve them of their maintenance and habitability obligations under Section 27-40-440(a) while still allowing rent collection to continue. Compliant operators generally review all lease agreements and financing instruments to ensure that no language purports to waive or transfer away the duty to maintain the property. This applies not only to standard lease agreements but also to more complex arrangements such as trust deeds, conveyances, and security instruments.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-340 provides tenants with a meaningful protection: any lease clause or other agreement that attempts to allow a landlord to collect rent without fulfilling the maintenance obligations set out in Section 27-40-440(a) is prohibited under South Carolina law. Tenants who encounter such provisions in their rental agreements may have grounds to challenge their enforceability, including potentially raising the violation as a defense in a legal proceeding. Tenant-rights organizations in South Carolina can provide general information about how this protection interacts with other remedies available under the state's residential landlord and 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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