S.C. Code Ann. § 27-40-920

Conflict with Title 27

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaLease Requirements

Operative Text

S.C. Code Ann. § 27-40-920
Chapter 35, Title 27, Chapter 37, Title 27, and Article 3, Chapter 39, Title 27, of the 1976 Code are not applicable to the leasing or renting or to leases or rental agreements concerning any real property insofar as they are inconsistent with the provisions of this chapter, including the rights and remedies of landlords and tenants thereto.
Source: Legislative text reproduced verbatim
Plain English

Section 27-40-920 of the South Carolina Residential Landlord and Tenant Act establishes a hierarchy among related state property laws. Where Chapter 35, Chapter 37, or Article 3 of Chapter 39 of Title 27 conflict with the provisions of this chapter, those older or separate statutes do not apply to residential leases or rental agreements. In effect, the Residential Landlord and Tenant Act takes precedence over those other Title 27 provisions whenever there is an inconsistency.

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

Plain English — not legal advice.

For Property Managers

Under § 27-40-920, property owners and managers who lease residential real property should look first to the Residential Landlord and Tenant Act when determining their rights and obligations, rather than relying on the potentially conflicting provisions of Chapters 35 or 37 or Article 3 of Chapter 39 of Title 27. Compliant operators generally familiarize themselves with this chapter as the governing framework for lease terms, remedies, and landlord-tenant procedures. When a question arises about which statute controls a particular aspect of a tenancy, this chapter's provisions are the operative reference.

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

For Tenants

Section 27-40-920 means that the rights and remedies available to residential tenants are primarily governed by the Residential Landlord and Tenant Act, not by the other Title 27 chapters it supersedes. If a landlord attempts to rely on a conflicting provision from Chapter 35, Chapter 37, or Article 3 of Chapter 39, a tenant may have grounds to assert that this chapter controls instead. Tenants who believe another statute is being improperly applied to their rental situation may wish to consult a tenant-rights organization or legal aid office familiar with South Carolina housing 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 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. § 27-40-710
S.C. Code Ann. § 27-40-730
S.C. Code Ann. § 27-40-410
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-450
S.C. Code Ann. § 27-40-410
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-540
S.C. Code Ann. § 27-40-510
S.C. Code Ann. § 27-40-740
S.C. Code Ann. § 27-40-130
S.C. Code Ann. § 27-40-230
S.C. Code Ann. § 27-40-240
S.C. Code Ann. § 27-40-240

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 19, 2026, 02:10 PM UTC