S.C. Code Ann. § 31-1-190

Conveyances, leases, or subleases in violation of SECTION 31-1-180 shall be void

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaSubletting, Assignment & Occupancy

Operative Text

S.C. Code Ann. § 31-1-190
Any conveyance, encumbrance, lease or sublease made in violation of the provisions of SECTION 31-1-180 and any transfer or assignment thereof shall be void.
Source: Legislative text reproduced verbatim
Plain English

Under S.C. Code Ann. § 31-1-190, any conveyance, encumbrance, lease, sublease, transfer, or assignment that violates the requirements set out in § 31-1-180 is treated as legally void — meaning it has no legal force or effect from the outset. This provision does not merely make such transactions voidable at someone's election; it renders them null as a matter of law. The rule applies equally to the original transaction and to any subsequent transfer or assignment of that transaction.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under South Carolina housing law should be aware that § 31-1-190 strips any legal validity from conveyances, leases, or subleases that fail to comply with § 31-1-180. Compliant operators generally ensure that all leases, subleases, and related transfers are structured in full conformity with § 31-1-180 before execution. Because a void instrument carries no legal weight, relying on a noncompliant document to establish tenancy or property rights could leave an operator without enforceable agreements.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 31-1-190 of the South Carolina Code provides that a lease or sublease entered into in violation of § 31-1-180 is void, which may be relevant to tenants who believe their rental agreement was improperly structured. Tenants in this situation may have grounds to raise the invalidity of such an agreement as a defense in a legal proceeding, or to seek guidance from a tenant-rights organization familiar with South Carolina housing law. Because the provision declares covered transactions void rather than merely voidable, the legal implications can be significant and may warrant consulting a qualified housing attorney.

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

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 31-1-620

Related Rules

§ 534.347
Unauthorized sublessor or assignor of leased premises, double damages, when
§ 14.577
ILLEGAL RENTALS, OCCUPANCY LIMITS AND NO SUBLETTING
§ 283
Occupancy permitted

Source Information

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