S.C. Code Ann. § 27-47-230
Determining unconscionability
Operative Text
Unconscionability must be determined according to Section 27-40-230.
Section 27-47-230 establishes that any question of unconscionability arising under this chapter is resolved by applying the standards set out in Section 27-40-230 of South Carolina law. Rather than creating its own separate test, this provision directs decision-makers to an existing statutory framework for evaluating whether a lease term or practice is so one-sided or oppressive as to be unenforceable. The cross-reference ensures consistency in how unconscionability is assessed across related South Carolina residential tenancy statutes.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-47-230, lease terms or practices that a court might scrutinize for fairness are evaluated using the same unconscionability standard found in § 27-40-230. Operators who draft or enforce rental agreements generally review their terms to ensure they do not impose conditions that could be characterized as grossly one-sided or oppressive under that established framework. Maintaining transparent, balanced lease provisions is the approach commonly associated with compliance in this area.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-47-230 means that if a lease term or landlord practice seems fundamentally unfair or exploitative, the legal standard used to evaluate that claim is the one defined in § 27-40-230. Tenants who believe a provision in their rental agreement may be unconscionable can raise that issue as a defense in a legal proceeding or seek guidance from a tenant-rights organization familiar with South Carolina law. Local legal aid offices and housing advocacy groups can help explain how the cross-referenced unconscionability standard has been applied in similar situations.
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
References In
Rules and statutes that cite this regulation