S.C. Code Ann. § 27-40-940
Prior transactions
Operative Text
Transactions entered into before the effective date of this chapter, and not extended or renewed on or after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the repeal or amendment had not occurred.
S.C. Code Ann. § 27-40-940 establishes a grandfather rule for rental agreements that were created before the South Carolina Residential Landlord and Tenant Act took effect. Any such agreement that was never extended or renewed after the Act's effective date continues to be governed by the older legal framework that existed at the time it was made. The rights, obligations, and interests that arose under those earlier rules remain fully enforceable as if the new law had never been enacted.
Plain English — not legal advice.
Under § 27-40-940, property owners managing leases that predate the Act and were never extended or renewed should recognize that those agreements are still subject to the prior legal standards, not the current chapter. Compliant operators generally keep clear records of when each lease was originally executed and whether any renewal or extension occurred on or after the Act's effective date, since that distinction determines which legal framework applies. Maintaining accurate lease histories helps ensure that obligations under older agreements are handled according to the correct set of rules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-940 means that if a tenant entered into a rental agreement before the Act took effect and that agreement was never extended or renewed afterward, the rights and protections available under the older law still apply to that tenancy. Tenants in this situation may be able to raise the prior legal framework as relevant when addressing disputes about that agreement. Tenant-rights organizations or a local legal aid office can help clarify which rules govern a specific older lease and what enforcement paths may be available under the pre-Act framework.
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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