South Carolina H 3569: Domestic violence in rental properties

Bill Text

2025-2026 Bill 3569 Text of Previous Version (May. 13, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3569

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED - NOT PRINTED 
BILL FOR THE HOUSE

Amt. No. 1A (LC-3569.SA0002H.docx)

May 13, 2026

H. 3569

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

S. Printed 5/13/26--H.

Read the first time January 14, 2025

________

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 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.

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. This act takes effect upon approval 
by the Governor.

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