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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 27-40-350: Protected tenants; termination of lease.

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Where this section sits in the code
  1. Title 27 - PROPERTY AND CONVEYANCES
  2. CHAPTER 40 Residential Landlord and Tenant Act
  3. ARTICLE 1 General Provisions and Definitions
  4. Subarticle IV General Provisions

(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 a 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 protected 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 must provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after a documented qualifying incident. The termination shall be effective on the date stated in the notice as long as it is at least thirty days after the landlord's receipt of the notice, unless the landlord consents in writing to an earlier date. The notice to the landlord must be accompanied by documentation of the qualifying incident such as a restraining order, an order of protection, or evidence of a conviction for domestic violence or abuse. The protected tenant must relinquish all legal rights of possession to the premises, but 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 after the date of the qualifying incident 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.

Collected 2026-10-25T03:29:40Z. Source file · JSON

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