(a) A rental agreement may not provide that the tenant:
(1) agrees to waive or forego rights or remedies under this chapter;
(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;
(3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created by the agreement, the tenant may recover in addition to his actual damages an amount not to exceed the security deposit and reasonable attorney's fees. If a landlord maliciously uses a rental agreement containing provisions known by him to be prohibited and attempts to exercise the rights created thereby, the tenant may recover in addition to his actual damages an amount not to exceed three months' periodic rent and reasonable attorney's fees.
(c) The provisions of this section shall not operate so as to invalidate bona fide liquidated damage provisions which shall establish the amount of damages for loss of rent resulting from a premature termination of a lease.
HISTORY: 1986 Act No. 336, Section 1.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 40 - Residential Landlord And Tenant Act
Section 27-40-10. Short title.
Section 27-40-20. Purposes; rules of construction.
Section 27-40-30. Supplementary rules of law applicable.
Section 27-40-40. Construction against implicit repeal.
Section 27-40-50. Administration of remedies; enforcement.
Section 27-40-60. Settlement of disputed claim or right.
Section 27-40-110. Territorial application.
Section 27-40-120. Exclusions from application of chapter.
Section 27-40-130. Jurisdiction and service of process.
Section 27-40-210. General definitions.
Section 27-40-220. Obligation of good faith.
Section 27-40-230. Unconscionability.
Section 27-40-310. Terms and conditions of rental agreement.
Section 27-40-320. Effect of unsigned or undelivered rental agreement.
Section 27-40-330. Prohibited provisions in rental agreements.
Section 27-40-340. Separation of rents and obligations to maintain property forbidden.
Section 27-40-410. Security deposits; prepaid rent.
Section 27-40-420. Disclosure.
Section 27-40-430. Landlord to deliver possession of dwelling unit.
Section 27-40-440. Landlord to maintain premises.
Section 27-40-450. Limitation of liability.
Section 27-40-510. Tenant to maintain dwelling unit.
Section 27-40-520. Rules and regulations.
Section 27-40-540. Tenant to use and occupy.
Section 27-40-610. Noncompliance by landlord in general.
Section 27-40-620. Failure to deliver possession.
Section 27-40-630. Wrongful failure to provide essential services.
Section 27-40-640. Landlord's noncompliance as defense to action for possession or rent.
Section 27-40-650. Fire or casualty damage.
Section 27-40-660. Tenant's remedies for landlord's unlawful ouster or exclusion.
Section 27-40-720. Noncompliance affecting health and safety.
Section 27-40-730. Remedies for absence, nonuse, and abandonment.
Section 27-40-740. Landlord's lien; distress proceeding.
Section 27-40-750. Remedy after termination.
Section 27-40-760. Recovery of possession limited.
Section 27-40-770. Periodic tenancy; holdover remedies.
Section 27-40-780. Landlord and tenant remedies for abuse of access.
Section 27-40-790. Payment of rent into court.
Section 27-40-800. Undertaking on appeal and order staying execution.
Section 27-40-910. Retaliatory conduct prohibited.
Section 27-40-920. Conflict with Title 27.