Breaking a lease in South Carolina

A protected tenant who is a victim of documented domestic abuse by another leaseholder on the same property may end the tenant's future obligations by written notice within 60 days after the incident, with documentation, without an early termination fee. Servicemembers have the federal termination rights, which South Carolina applies and extends.

S.C. Code Ann. § 27-40-350 (2026 Act No. 184) S.C. Code Ann. § 25-1-4040

• Protection applies only when both the victim and the perpetrator are leaseholders on the same property and the abuse is documented by a restraining order or order of protection, or the perpetrator was convicted. S.C. Code Ann. § 27-40-210(19), (20) (2026 Act No. 184)
• The termination takes effect on the date in the notice, at least 30 days after you receive it unless you agree in writing to an earlier date. The tenant owes rent through that date and any damage the tenant caused, and no deposit has to be returned before the end of the lease. S.C. Code Ann. § 27-40-350 (2026 Act No. 184)
• Cotenants remain responsible for the full rent for the rest of the term. If the perpetrator is the only tenant left, you may end the lease with 5 days' written notice and collect actual damages from the perpetrator. You may not force the protected tenant out within the 60 days or retaliate for the termination. S.C. Code Ann. § 27-40-350 (2026 Act No. 184)
• The federal Servicemembers Civil Relief Act applies in South Carolina, and the state extends it to National Guard members on state duty, or on similar duty for another state, for more than 30 consecutive days who give you a copy of their orders. S.C. Code Ann. § 25-1-4040 S.C. Code Ann. § 25-1-4030 (2)(c), (d)
• A servicemember, a dependent or the Attorney General may sue a landlord who intentionally violates these protections, and the court may order an injunction, restitution and a civil penalty of up to $5,000 per violation. S.C. Code Ann. § 25-1-4070
• If a tenant abandons, make reasonable efforts to rent the home at a fair rental. If you re-rent for a term that starts early, the old lease ends when the new tenancy starts; if you do not try, or accept a surrender, the lease is treated as ended when you learn of the abandonment. S.C. Code Ann. § 27-40-730 (c)
• A lease may set bona fide liquidated damages for lost rent from a premature termination. S.C. Code Ann. § 27-40-330 (c)
• If the parties negotiate an early release, put the proposal and final agreement in writing. Identify the tenants being released, the agreed end date, key return, rent or other agreed amounts, and what remains to be resolved through the deposit accounting. State whether a replacement tenant or sublease is part of the arrangement and who remains responsible. Keep the signed agreement, move-out records, payments and any re-rental dates together; a discussion or a suggested replacement is not a clear record of an agreed release. S.C. Code Ann. § 27-40-730 (c) S.C. Code Ann. § 27-40-330 (c)

Either you or the tenant may end a month-to-month tenancy with written notice given at least 30 days before the termination date it states. A week-to-week tenancy takes at least 7 days' written notice.

S.C. Code Ann. § 27-40-770 (a), (b)

• Without a fixed term, a tenancy is week to week for a roomer paying weekly rent and month to month in every other case. S.C. Code Ann. § 27-40-310 (d)
• If the tenant stays without your consent after the lease ends, you may sue for possession. If the holdover is not in good faith you may recover attorney's fees; if it is wilful, up to three months' rent or twice your actual damages, whichever is greater. If you consent, the tenancy continues month to month. S.C. Code Ann. § 27-40-770 (c)