S.C. Code Ann. § 27-40-40
Construction against implicit repeal
Operative Text
This chapter being a general chapter intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Section 27-40-40 of South Carolina's Residential Landlord and Tenant Act establishes a rule of legal interpretation: courts and other interpreters should treat this chapter as a comprehensive, unified body of law. If a later law is passed that might seem to conflict with this chapter, interpreters are directed to avoid reading that later law as silently canceling out any part of this chapter whenever a reasonable alternative reading exists. This is a structural rule about how the law itself is to be read, not a rule that directly governs landlord or tenant conduct.
Plain English — not legal advice.
For property owners and managers operating under South Carolina's landlord-tenant framework, § 27-40-40 provides background assurance that the protections and obligations established throughout Chapter 40 are designed to remain intact even as other legislation is enacted over time. Compliant operators generally rely on the full set of duties and rights in this chapter as a stable baseline, understanding that subsequent state laws are unlikely to be interpreted as quietly overriding its provisions. Awareness of this interpretive rule can be relevant when evaluating how newer statutes interact with longstanding obligations under Chapter 40.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-40 is a rule of statutory construction that works in the background to preserve the rights established throughout South Carolina's Residential Landlord and Tenant Act. Because courts are directed to avoid reading newer legislation as implicitly repealing any part of Chapter 40, tenants can generally expect that the protections found in this chapter remain in force unless a later law explicitly removes them. Tenants who believe their rights under Chapter 40 are being affected by a conflicting law may wish to consult a tenant-rights organization or legal aid provider for guidance on how this interpretive principle might apply.
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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