South Carolina General Assembly126th Session, 2025-2026
Bill 3569
Indicates Matter StrickenIndicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken Indicates New Matter Committee Report April 2, 2025 H. 3569 Introduced by Reps. M. M. Smith, Pope, Davis, Cobb-Hunter and Wetmore S. Printed 4/2/25--H. [SEC 4/4/2025 3:47 PM] Read the first time January 14, 2025 ________ The committee on House Judiciary To whom was referred a Bill (H. 3569) 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, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass with amendment: Amend the bill, as and if amended, SECTION 1, by striking Section 27-40-350(D)(1) and inserting: (1) may not require or force the protected tenant to vacate the residence before the expiration of the thirty sixty days 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 Amend the bill further, SECTION 1, Section 27-40-350, by adding a subsection to read: (G) 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. Renumber sections to conform. Amend title to conform. W. NEWTON for Committee. statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill relates to the Residential Landlord and Tenant Act and defines the terms "protected tenant" and "qualifying incident" to describe tenants who are victims of an instance of domestic abuse or violence by a cotenant who has been issued a restraining order for or has been convicted of domestic violence. Among other items, the bill provides that a protected tenant who is a victim of a qualifying incident may terminate a rental agreement within sixty days of the documented qualifying incident without being held liable for early termination penalties or fees. Judicial indicates that this bill may result in an increase in civil actions. Judicial anticipates the increase in caseloads in court can be managed within existing appropriations. However, if this bill results in a significant increase in the caseload in court, Judicial may request an increase in General Fund appropriations. Local Expenditure RFA surveyed the counties and contacted the MASC as to the potential expenditure impact of the bill and received a response from Florence County. Florence County reports that any change in workload due to the provisions of the bill can be managed with existing staff and resources. Frank A. Rainwater, Executive Director Revenue and Fiscal Affairs Office _______
Indicates Matter Stricken
Indicates New Matter
Committee Report
April 2, 2025
H. 3569
Introduced by Reps. M. M. Smith, Pope, Davis, Cobb-Hunter and Wetmore
S. Printed 4/2/25--H. [SEC 4/4/2025 3:47 PM]
Read the first time January 14, 2025
________
The committee on House Judiciary
To whom was referred a Bill (H. 3569) 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, etc., respectfully
Report:
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, SECTION 1, by striking Section 27-40-350(D)(1) and inserting:
(1) may not require or force the protected tenant to vacate the residence before the expiration of the thirty sixty days 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
Amend the bill further, SECTION 1, Section 27-40-350, by adding a subsection to read:
(G) 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.
Renumber sections to conform.
Amend title to conform.
W. NEWTON for Committee.
statement of estimated fiscal impact
Explanation of Fiscal Impact
State Expenditure
This bill relates to the Residential Landlord and Tenant Act and defines the terms "protected tenant" and "qualifying incident" to describe tenants who are victims of an instance of domestic abuse or violence by a cotenant who has been issued a restraining order for or has been convicted of domestic violence. Among other items, the bill provides that a protected tenant who is a victim of a qualifying incident may terminate a rental agreement within sixty days of the documented qualifying incident without being held liable for early termination penalties or fees.
Judicial indicates that this bill may result in an increase in civil actions. Judicial anticipates the increase in caseloads in court can be managed within existing appropriations. However, if this bill results in a significant increase in the caseload in court, Judicial may request an increase in General Fund appropriations.
Local Expenditure
RFA surveyed the counties and contacted the MASC as to the potential expenditure impact of the bill and received a response from Florence County. Florence County reports that any change in workload due to the provisions of the bill can be managed with existing staff and resources.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
_______
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. 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, the tenant may: (1) terminate the protected tenant's obligations under a rental agreement within sixty days of the date of the 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. (B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident provided the protected tenant relinquishes all legal rights of possession to the premises. The protected tenant 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 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 thirty days 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 may not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on: (1) the tenant, applicant, or a household member's status as a protected tenant; or (2) the tenant or applicant having terminated a rental agreement under Section 27-40-350. SECTION 2. Section 27-40-210 of the S.C. Code is amended by adding: (19) "protected tenant" means a tenant or household member 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. ----XX----
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.
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, the tenant may:
(1) terminate the protected tenant's obligations under a rental agreement within sixty days of the date of the 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.
(B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident provided the protected tenant relinquishes all legal rights of possession to the premises. The protected tenant 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 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 thirty days 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 may not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on:
(1) the tenant, applicant, or a household member's status as a protected tenant; or
(2) the tenant or applicant having terminated a rental agreement under Section 27-40-350.
SECTION 2. Section 27-40-210 of the S.C. Code is amended by adding:
(19) "protected tenant" means a tenant or household member 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.
----XX----
This web page was last updated on April 04, 2025 at 03:48 PM