S.C. Code Ann. § 38-75-60
Cause of action by insurer against tenant
Operative Text
Notwithstanding any other provision of law, no insurer has a cause of action against a tenant who causes damage to real or personal property leased by the landlord to the tenant when the insurer is liable to the landlord for the damages under an insurance contract between the landlord and the insurer, unless the damage is caused by the tenant intentionally or in reckless disregard of the rights of others.
Under S.C. Code Ann. § 38-75-60, an insurance company that pays a landlord's claim for property damage generally cannot turn around and sue the tenant who caused that damage. This protection applies as long as the damage was accidental or merely negligent — not intentional or reckless. The rule effectively limits the practice known as subrogation in the landlord-tenant context in South Carolina.
Plain English — not legal advice.
Property owners and managers in South Carolina should be aware that under § 38-75-60, their insurer is generally barred from pursuing subrogation claims against tenants for accidental or negligent property damage. Compliant operators typically review their insurance policies with this limitation in mind, understanding that recovery from a tenant through the insurer's subrogation rights is only available when the tenant acted intentionally or with reckless disregard. Landlords who want to preserve other contractual remedies against tenants for property damage often address those separately in the lease agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-75-60 of the South Carolina Code provides tenants with meaningful protection against being sued by a landlord's insurance company after an accidental or negligent damage incident. If an insurer attempts to bring a subrogation claim against a tenant, that tenant may be able to raise this statutory provision as a defense, since the law bars such claims unless the damage was intentional or reckless. Tenants who receive a demand or lawsuit from an insurer in this type of situation may benefit from consulting a tenant-rights organization or attorney familiar with South Carolina insurance and 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 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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