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What A Lease Cannot Say

S.C. Code 27-40-330 — no waiver of rights, no confession of judgment, no excusing the landlord

  • The tenant agrees to waive or forgo rights or remedies under the landlord and tenant act.
  • The tenant authorizes anyone to confess judgment on a claim arising out of the agreement.
  • The tenant agrees to excuse or limit the landlord's liability arising under law, or to indemnify the landlord for it.
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Those are the terms a rental agreement may not contain. Such a term is unenforceable.

Using one knowingly. If a landlord deliberately uses an agreement containing terms the landlord knows are prohibited and tries to enforce them, the tenant may recover actual damages plus an amount up to the security deposit and reasonable attorney's fees.

The section does not invalidate good faith liquidated damages terms setting the rent lost when a lease ends early. Whether a particular term is enforceable is a question for a licensed South Carolina attorney.

Sources for this section (1)
  1. S.C. Code 27-40-330 — Prohibited provisions in rental agreements

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.