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)).

If you materially fail to comply with the lease, or fail to meet your maintenance duties in a way that materially affects health and safety or the physical condition of the property, the tenant may give written notice that the lease will end on a date at least 14 days after you receive it unless you fix the breach within 14 days. The tenant may also sue for actual damages and an injunction (S.C. Code Ann. § 27-40-610 (a), (b)).

• The lease does not end if you fix the breach in time. A breach not affecting health and safety that cannot be fixed in 14 days does not end it if you start within 14 days and finish in good faith within a reasonable time (S.C. Code Ann. § 27-40-610 (a)(1)).
• If you negligently or wilfully fail to provide essential services and do not act within a reasonable time after the tenant's written notice, the tenant may buy reasonable amounts of the service and deduct the actual and reasonable cost from rent, or recover damages for the reduced rental value plus attorney's fees; a tenant who uses this remedy may not also use the 14-day termination remedy for that breach (S.C. Code Ann. § 27-40-630 (a), (b), (d)).
• South Carolina does not allow a tenant to make repairs and deduct their cost from rent (S.C. Code Ann. § 27-40-630 (c)).
• None of these remedies applies to a condition the tenant, the tenant's family or guests caused (S.C. Code Ann. § 27-40-610 (a)(2); S.C. Code Ann. § 27-40-630 (d)).
• In an eviction for unpaid rent, a tenant may raise your maintenance failures as a defense, but waives them if you had no notice 14 days before rent was due (for nonessential services) or no notice in time to make emergency repairs (for essential services) (S.C. Code Ann. § 27-40-640).
• If fire or casualty substantially impairs the home, the tenant may move out and give written notice within 7 days to end the lease, or move out of the unusable part and pay reduced rent (S.C. Code Ann. § 27-40-650 (a)).

A sublease made without your written consent has no effect on your rights as landlord. Any rent the tenant collects from a subtenant is held in trust for you until your rent claim is paid (S.C. Code Ann. § 27-35-60).

• Between the tenant and the subtenant, the tenant is treated as the landlord and the landlord and tenant chapters apply to them (S.C. Code Ann. § 27-35-60).
• This older chapter applies to residential leases except where it conflicts with the Residential Landlord and Tenant Act, which has no subletting rule (S.C. Code Ann. § 27-40-920).

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)).

When the tenancy ends you may keep only accrued rent and damages caused by the tenant's failure to meet the tenant's statutory duties. Send a written, itemized notice of any deductions with the amount due within 30 days after the later of the end of the tenancy and return of possession, or the tenant's demand (S.C. Code Ann. § 27-40-410 (a)).

• The tenant must give you a forwarding or new address in writing. A tenant who does not loses the right to damages only if you had no notice of the tenant's whereabouts and mailed the notice and any amount due to the tenant's last known address (S.C. Code Ann. § 27-40-410 (a)).
• If you fail to return prepaid rent or the deposit with the required notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney's fees. The statute does not require bad faith for this (S.C. Code Ann. § 27-40-410 (b)).
• Whoever holds the landlord's interest when the tenancy ends is bound by the deposit rules. A seller stays liable for the deposit unless it is transferred to the buyer and the tenant is told in writing within a reasonable time (S.C. Code Ann. § 27-40-410 (e); S.C. Code Ann. § 27-40-450 (a)).
• If a fire or casualty ends the lease and the tenant did not cause it, return the recoverable deposit and all prepaid rent. If you withhold because the tenant caused it, you still owe the 30-day itemized notice (S.C. Code Ann. § 27-40-650 (b)).