S.C. Code Ann. § 27-40-540
Tenant to use and occupy
Operative Text
Unless otherwise agreed, a tenant shall occupy his dwelling unit only as a dwelling unit and shall not conduct or permit any illegal activities thereon.
Under S.C. Code Ann. § 27-40-540, a residential rental unit is presumed to be used solely as a place to live unless the landlord and tenant have agreed otherwise in writing or by some other arrangement. The provision also flatly prohibits illegal activities on the premises, regardless of any agreement between the parties. These two requirements — residential-only use and lawful conduct — define the baseline obligations attached to occupying a dwelling unit under South Carolina's Residential Landlord and Tenant Act.
Plain English — not legal advice.
Section 27-40-540 establishes that compliant operators generally ensure their lease agreements clearly define the permitted use of the unit as residential and include language addressing the prohibition on illegal activities. Landlords who discover a tenant is using the unit for non-residential purposes or conducting illegal activities on the premises may have grounds to pursue remedies available elsewhere in Chapter 40, such as notice and termination procedures. Maintaining documentation of the agreed-upon use at the time of lease signing helps establish the baseline expectations that § 27-40-540 sets out.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-40-540, tenants in South Carolina have a corresponding right to use their unit as a home, and any agreement to use it differently must be mutually established — a landlord cannot unilaterally impose a non-residential use after the fact. The prohibition on illegal activities is a condition of tenancy that applies regardless of what a lease may or may not say, and a violation can expose a tenant to lease termination under the broader Chapter 40 framework. Tenants with questions about what constitutes a permissible use, or who believe they are being wrongly accused of a violation of this section, may wish to consult a tenant-rights organization or legal aid provider 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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