Indicates Matter Stricken

Indicates New Matter

 

Amended

April 29, 2026

 

H. 3569

 

Introduced by Reps. M. M. Smith, Pope, Davis, Cobb-Hunter, Wetmore, Henderson-Myers, Erickson, Rivers and Gilliard

 

S. Printed 4/29/26--S.

Read the first time April 9, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-40-350 SO AS TO PROVIDE THAT RESIDENTIAL TENANTS WHO ARE VICTIMS OF CERTAIN DOMESTIC VIOLENCE OFFENSES MAY TERMINATE A RENTAL AGREEMENT AND TO PROVIDE FOR NECESSARY REQUIREMENTS; AND BY AMENDING SECTION 27-40-210, RELATING TO DEFINITIONS, SO AS TO DEFINE TERMS.

    Amend Title To Conform

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Subarticle IV, Article 1, Chapter 40, Title 27 of the S.C. Code is amended by adding:

 

    Section 27-40-350. (A) If a residential tenant is a protected tenant, then the tenant may:

       (1) terminate the protected tenant's future obligations under a rental agreement within sixty days of the date of the documented qualifying incident; and

       (2) not be held liable for penalties or fees that might otherwise be imposed for the termination of the protected tenant's obligations under a rental agreement within sixty days of the documented qualifying incident; provided, however, that the protected tenant shall be liable for any damage that the protect tenant caused to the premises prior to the termination and no security deposits will be required to be returned until the end of the lease if such is due to be returned under the terms of the lease.

    (B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident provided the protected tenant relinquishes all legal rights of possession to the premises. The protected tenant is still responsible for paying rent and other amounts owed, other than any fees imposed for early termination of the rental agreement.

    (C) The protected tenant's obligations as a tenant must continue through the effective date of the termination. Any cotenants on the lease with the protected tenant shall remain responsible for the full rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement with five days' written notice and collect actual damages for such termination against the perpetrator.

    (D) A landlord:

       (1) may not require or force the protected tenant to vacate the residence before the expiration of the sixty days authorized by this section, but may enter into an agreement with the protected tenant to terminate the protected tenant's obligations under a rental agreement earlier than what is required pursuant to this section; and

       (2) is entitled to all remedies available arising from the destruction or damage of the rental unit caused by the protected tenant or permitted by the protected tenant while on the premises with the protected tenant's permission.

    (E) A landlord may not take any retaliatory action against a protected tenant in response to the early termination of the protected tenant's obligations under a rental agreement pursuant to this section.

    (F) A landlord or property owner, who acts in good faith in reliance upon documentation provided by a protected tenant to establish a "qualifying incident" under Section 27-40-210(20), may not be held liable for terminating or modifying a lease under this section.

 

SECTION 2.  Section 27-40-210 of the S.C. Code is amended by adding:

 

    (19) "protected tenant" means a tenant who is a victim of a qualifying incident;

    (20) "qualifying incident" means domestic abuse or violence as defined by Chapter 4, Title 20 or Chapter 25, Title 16 wherein both the victim and the perpetrator are leaseholders on the same property and the domestic abuse or violence is documented by a restraining order or an order of protection or the perpetrator has been convicted of the domestic violence or abuse.

 

SECTION 3.  Chapter 40, Title 27 of the S.C. Code is amended by adding:

 

    Section 27-40-460. A landlord shall release a signee from the rental agreement and return any prepaid rent if the signee notifies the landlord one hundred and twenty days prior to taking possession of the premises that the signee will not be taking possession of the premises.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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