New in SC Law | Domestic Violence Victims Can End a Lease Early

A new South Carolina law lets domestic violence victims who share a lease with their abuser end it early without penalty. Here's who qualifies and how it works.

Most abusive situations do not come with a clean exit. Someone decides to leave, and the logistics close in. Where to go. What it costs. And often, whose name is on the lease.

For a lot of victims, the answer to that last one is theirs, right next to the person they are trying to get away from. A new South Carolina law is built for exactly that situation.

As of May 18, 2026, Section 27-40-350 of the South Carolina Code lets a domestic violence victim end their obligations under a lease early, without the penalties and fees that usually come with breaking one. The law was added by H.3569, signed this spring.

Who the law covers

This is the part to understand first, because the law is narrower than the headline.

The protection applies when the victim and the abuser are both leaseholders on the same property. The law calls the victim a "protected tenant," and it is written for the situation where two people share a lease and one becomes a danger to the other. If the abuser was never on the lease, this particular section is not the tool, though a victim in that situation may have other options worth talking through with a lawyer.

The abuse also has to be documented. The law accepts three forms: a restraining order, an order of protection, or a conviction for domestic violence or abuse.

How it works

A protected tenant has a window. They must act within sixty days of the documented incident, giving the landlord written notice of intent to end the lease, along with the documentation.

The termination takes effect on the date stated in that notice, as long as it is at least thirty days after the landlord receives it. The landlord can agree to an earlier date, but cannot force the tenant out before the sixty-day window runs.

Through the effective date, the tenant still owes rent and anything else due under the lease. What they do not owe is the early-termination penalty. They are also still responsible for any damage they caused. And the law bars the landlord from retaliating against a tenant who uses it.

What happens to the abuser

The law does not leave the landlord holding the bag, and it points the cost where it belongs.

If the protected tenant leaves and the abuser is the only tenant left on the lease, the landlord can end that agreement with five days' written notice. The landlord can then pursue actual damages for the early termination against the abuser. 

The person who caused the situation is the one who answers for the broken lease.

The documentation is the thing to plan around

Attorney Erin Bailey, who handles a large number of domestic violence cases, points to the documentation requirement as the piece victims should think through early.

A conviction is one of the three accepted forms, but it is also the slowest. In a serious case, the stretch between an arrest and an actual conviction can run years. A victim who needs to move now cannot wait on that.

The faster path is a restraining order or an order of protection, which also qualify and can be obtained in a fraction of the time. Most South Carolina counties have nonprofit organizations that serve domestic violence victims and will provide a free attorney to help secure one. That gives a victim documentation they can take to a landlord quickly, instead of waiting on the criminal process to run its course.

If this is your situation

This law is narrow, but for the people it covers, it removes one real obstacle at the worst possible time. The steps and the timing matter, and so does getting the documentation right.

If this is you, or someone you love, it is worth a conversation. And follow the series for more updates to South Carolina law.

Common Questions

Who qualifies to break a lease under South Carolina's domestic violence law?

Section 27-40-350 covers a "protected tenant," a domestic violence victim where both the victim and the abuser are leaseholders on the same property, and the abuse is documented by a restraining order, an order of protection, or a conviction. It took effect May 18, 2026.

What documentation do you need to end a lease as a domestic violence victim in SC?

One of three things: a restraining order, an order of protection, or evidence of a conviction for domestic violence or abuse. The documentation goes to the landlord with written notice of intent to terminate, within sixty days of the documented incident.

How much notice do you have to give to end the lease?

You give the landlord written notice within sixty days of the documented incident. The termination takes effect on the date you state, as long as that date is at least thirty days after the landlord receives the notice.