H 3569

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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This web page was last updated on May 13, 2026 at 12:50 PM