AN ACT 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.
Summary
H3569 creates a new right for certain residential tenants in South Carolina who are victims of domestic violence or domestic abuse to end a rental agreement early. A tenant who qualifies as a “protected tenant” may terminate future lease obligations within 60 days of a documented qualifying incident, so long as the tenant gives the landlord written notice and supporting documentation such as a restraining order, order of protection, or proof of conviction. The termination generally becomes effective at least 30 days after the landlord receives notice, unless the landlord agrees to an earlier date.
The bill also sets out how responsibility is allocated when more than one person is on the lease. The protected tenant remains responsible for rent and other amounts owed through the effective termination date, but is not liable for early-termination penalties or fees. Co-tenants remain responsible for the full rent for the rest of the lease term, and if the perpetrator is the only remaining tenant, the landlord may terminate the lease on five days’ written notice and seek actual damages from that perpetrator. The bill prohibits landlords from forcing the victim to leave early, bars retaliation, and protects landlords and property owners who act in good faith on the documentation provided.
Impact
The bill amends Title 27, Chapter 40 of the South Carolina Code, which governs landlord-tenant relations, by adding Section 27-40-350 and by defining “protected tenant” and “qualifying incident” in Section 27-40-210. It would give domestic violence survivors in shared rental housing a statutory mechanism to exit a lease without ordinary early-termination penalties, while preserving landlord remedies for unpaid rent, property damage, and claims against the perpetrator. The act would take effect upon gubernatorial approval.
Sentiment
The available voting history suggests broad bipartisan support for the measure. The House passed the bill unanimously in 2025, the Senate advanced it on third reading in 2026 by a strong margin, and the House later adopted an amendment unanimously. There is no committee transcript in the provided record, but the votes indicate the bill was generally viewed favorably as a tenant-protection and domestic-violence-safety measure.
Contention
The main policy balance in the bill is between protecting victims of domestic violence and preserving landlords’ and co-tenants’ financial rights. The bill’s requirements for documentation, notice, and a 30-day effective date appear designed to limit abuse of the new termination right and give landlords certainty. Potential points of concern include how landlords verify qualifying incidents, how liability is allocated among co-tenants, and whether the perpetrator remaining on the lease can create practical enforcement issues. The bill addresses these concerns by allowing good-faith reliance on documentation and by preserving remedies for damage and unpaid obligations.