S.C. Code Ann. § 27-40-50
Administration of remedies; enforcement
Operative Text
(a) The remedies provided by this chapter must be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. (b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
South Carolina Code § 27-40-50 establishes that the remedies available under the state's Residential Landlord and Tenant Act are designed to make an injured party whole through appropriate damages, while also requiring that injured party to take reasonable steps to limit those damages rather than allow them to grow unnecessarily. Any right or obligation created elsewhere in Chapter 40 can be enforced through a legal action in court, unless a specific provision within the chapter expressly limits how that right or obligation may be pursued. This section functions as a general framework governing how the rest of the chapter's remedies and obligations operate together.
Plain English — not legal advice.
Under § 27-40-50, property owners and managers should understand that any obligation imposed on them by South Carolina's Residential Landlord and Tenant Act is enforceable in court, meaning tenants have a legal avenue to pursue claims for damages arising from a landlord's failure to comply. At the same time, the mitigation-of-damages requirement works in a landlord's favor as well — a tenant who fails to take reasonable steps to reduce their own losses may see their recoverable damages reduced accordingly. Compliant operators generally document their own efforts to address issues promptly, which can be relevant if a damages dispute arises under this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 27-40-50 affirms that tenants have the right to pursue legal action to enforce any right granted to them under South Carolina's Residential Landlord and Tenant Act, and that courts are directed to award appropriate damages to aggrieved parties. However, tenants are also subject to a duty to mitigate, meaning they are generally expected to take reasonable steps to minimize their own losses rather than allow damages to accumulate. Tenants who believe their rights under Chapter 40 have been violated may consider consulting a tenant-rights organization or legal aid provider to understand the enforcement paths available to them.
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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