S.C. Code Ann. § 27-40-740
Landlord's lien; distress proceeding
Operative Text
(a) A contractual lien or contractual security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter. (b) A landlord may enforce collection of rent by distress only pursuant to Chapter 39, Title 27; however, the tenant may raise defenses to the issuance of a distress warrant pursuant to the provisions of this chapter or the rental agreement and may take advantage of the property exemptions found in SECTION 15-41-30.
Section 27-40-740 of the South Carolina Residential Landlord and Tenant Act addresses two related mechanisms landlords have historically used to secure unpaid rent. First, it renders unenforceable any contractual lien or security interest a landlord holds in a tenant's household goods unless that interest was legally perfected before the chapter's effective date. Second, it limits the use of distress proceedings—a legal process to seize property for unpaid rent—to the procedures set out in Chapter 39, Title 27, while preserving tenants' rights to raise defenses and claim property exemptions under state law.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-740, landlords in South Carolina cannot rely on lease clauses that purport to create a lien or security interest in a tenant's personal belongings as a collection tool, unless that interest was properly perfected before the chapter took effect. Compliant operators who wish to pursue unpaid rent through distress must follow the specific procedural requirements of Chapter 39, Title 27, rather than acting unilaterally. Attempting to seize or hold a tenant's household goods outside these statutory channels would fall outside the bounds of what this provision permits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-740 provides South Carolina tenants with meaningful protections against certain landlord collection tactics. Any lease clause claiming a lien on your household goods is generally unenforceable under this provision, and if a landlord pursues a distress warrant, you have the right to raise defenses grounded in this chapter or your rental agreement. Tenants may also claim property exemptions listed in S.C. Code Ann. § 15-41-30; those facing a distress proceeding may wish to consult a tenant-rights organization or legal aid office to understand which defenses and exemptions may apply to their circumstances.
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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