S.C. Code Ann. § 27-40-920
Conflict with Title 27
Operative Text
Chapter 35, Title 27, Chapter 37, Title 27, and Article 3, Chapter 39, Title 27, of the 1976 Code are not applicable to the leasing or renting or to leases or rental agreements concerning any real property insofar as they are inconsistent with the provisions of this chapter, including the rights and remedies of landlords and tenants thereto.
Section 27-40-920 of the South Carolina Residential Landlord and Tenant Act establishes a hierarchy among related state property laws. Where Chapter 35, Chapter 37, or Article 3 of Chapter 39 of Title 27 conflict with the provisions of this chapter, those older or separate statutes do not apply to residential leases or rental agreements. In effect, the Residential Landlord and Tenant Act takes precedence over those other Title 27 provisions whenever there is an inconsistency.
Plain English — not legal advice.
Under § 27-40-920, property owners and managers who lease residential real property should look first to the Residential Landlord and Tenant Act when determining their rights and obligations, rather than relying on the potentially conflicting provisions of Chapters 35 or 37 or Article 3 of Chapter 39 of Title 27. Compliant operators generally familiarize themselves with this chapter as the governing framework for lease terms, remedies, and landlord-tenant procedures. When a question arises about which statute controls a particular aspect of a tenancy, this chapter's provisions are the operative reference.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-920 means that the rights and remedies available to residential tenants are primarily governed by the Residential Landlord and Tenant Act, not by the other Title 27 chapters it supersedes. If a landlord attempts to rely on a conflicting provision from Chapter 35, Chapter 37, or Article 3 of Chapter 39, a tenant may have grounds to assert that this chapter controls instead. Tenants who believe another statute is being improperly applied to their rental situation may wish to consult a tenant-rights organization or legal aid office familiar with South Carolina housing 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API