WeVote
Log In

Bill

Bill

H 3569

Domestic violence in rental properties

2025-2026 Regular Session Introduced by Gilda Cobb-Hunter and 8 co-sponsors

Allows a protected tenant in a shared lease to terminate the lease within 60 days of a qualifying domestic violence incident without early-termination penalties, with notice and re

Act No. 184
0
WeVote Research Nonpartisan
Bill Summary · H 3569

Summary — H 3569: Domestic violence in rental properties (adds S.C. Code §27‑40‑350)

Note: The operative text in the provided materials would add a new section (27‑40‑350) to the South Carolina Code (Title 27, Chapter 40). The measure creates an early-termination right for residential tenants who are victims of certain domestic violence incidents and adds related definitions to §27‑40‑210.

Purpose

To protect residential tenants who are victims of specified domestic abuse/violence by allowing them to terminate a rental agreement early without paying early‑termination penalties, while balancing landlord rights (rent through the effective termination date; remedies for damage; ability to terminate tenancy when perpetrator remains).

Key provisions

  • New statutory section: 27‑40‑350 (Subarticle IV, Article 1, Chapter 40, Title 27).
  • Definitions added to §27‑40‑210:
    • “Protected tenant”: a tenant or household member who is the victim of a qualifying incident.
    • “Qualifying incident”: domestic abuse or violence (as defined in Chapters cited) where both victim and perpetrator are leaseholders on the same property and the abuse is documented by a restraining order or order of protection, or the perpetrator has been convicted of the domestic violence/abuse.
  • Early termination right:
    • A protected tenant may terminate their obligations under the rental agreement within 60 days of the documented qualifying incident.
    • The protected tenant is not liable for penalties/fees otherwise imposed for early termination.
  • Notice and possession:
    • The protected tenant must provide written notice to the landlord within 60 days and must relinquish legal possession of the premises.
    • The tenant remains responsible for rent and amounts owed through the effective date of termination (but not early‑termination penalties).
  • Cotenant and perpetrator provisions:
    • Cotenants on the lease remain responsible for rent for the remainder of the term.
    • If the perpetrator is the sole remaining tenant on the lease after the protected tenant leaves, the landlord may terminate the lease with 5 days’ written notice and seek actual damages from the perpetrator.
  • Protections against landlord retaliation:
    • Landlords may not retaliate (terminate, refuse renewal, refuse to rent, or otherwise discriminate in rental) based substantially on a tenant’s status as a protected tenant or the tenant’s use of the early‑termination right.
  • Landlord remedies and limits:
    • Landlords retain remedies for destruction or damage to the rental unit caused or allowed by the protected tenant.
    • Landlord immunity: a landlord or property owner acting in good faith reliance on documentation provided to establish a qualifying incident cannot be held liable for terminating or modifying a lease under this section.
  • Effective date: upon approval by the Governor.

Who would be affected

  • Beneficiaries: tenants (and household members) who are victims of qualifying domestic abuse/violence and who share leasehold status with the perpetrator.
  • Landlords/property owners: will face new notice, documentation and tenant‑termination events; they retain certain remedies and a limited good‑faith immunity.
  • Cotenants not involved in the abuse: remain financially liable for rent unless other arrangements are made.

Procedural / timeline aspects

  • The bill text repeatedly appears with drafting/amendment history; the versions ultimately specify a 60‑day termination window (some earlier drafts referenced 30 days).
  • The measure takes effect upon the Governor’s approval.

Potential impacts and considerations

  • Provides a clear statutory pathway for victims to exit a shared-leased dwelling quickly and without early‑termination fees, which may reduce housing instability and safety risks for victims.
  • Shifts some short‑term financial burden and vacancy risk to landlords/cotenants unless mitigated by lease management, re‑letting, or other remedies; landlords retain ability to collect rent through the termination effective date and damages for unit harm.
  • Relies on formal documentation (restraining order, order of protection, or conviction) — which may limit access for victims who have not obtained formal orders or convictions.
  • Implementation will require landlord awareness of new notice procedures and may generate additional legal/administrative questions (timing of possession surrender, proof of documentation, interplay with local emergency housing resources).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.