South Carolina Prohibited Lease Clauses
3 restricted clause typesOur South Carolina law database tracks 3 lease clause types that state law prohibits or restricts (3 illegal). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our South Carolina law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by South Carolina law
Waiver of implied warranty of habitability
Likely IllegalLegal basis: South Carolina Code Section 27-40-440
Waiver of tenant rights
Likely IllegalLegal basis: South Carolina Code Section 27-40-320
Confession of judgment clause
Likely IllegalLegal basis: South Carolina Code Section 27-40-320
Frequently asked questions
- What lease clauses are illegal in South Carolina?
- South Carolina law restricts 3 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights; confession of judgment clause.
- Is a lease still valid if it contains an illegal clause in South Carolina?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in South Carolina?
- South Carolina Code Section 27-40-440.
Check Your Lease Against South Carolina Law
Not sure whether your lease complies with South Carolina law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More South Carolina lease law guides
- South Carolina rental lease laws — overview
- South Carolina security deposit limit
- South Carolina deposit return deadline
- South Carolina deposit interest rules
- South Carolina landlord entry notice
- South Carolina late fee laws
- South Carolina rent grace period
- South Carolina required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in South Carolina for your specific situation.