What is the penalty for breaking a lease early in South Carolina?

You may owe unpaid rent until the lease ends or the unit is re-rented, and potentially additional fees set out in your lease agreement.

Can I break my lease without penalty in South Carolina?

Yes, in cases such as uninhabitable housing, military deployment, domestic violence, or proven landlord violations, you may break your lease without penalty.

Does my landlord have to re-rent the unit if I move out early?

Yes, South Carolina law requires landlords to make reasonable efforts to re-rent your unit to minimize your financial responsibility.

Is written notice required to break a lease in South Carolina?

Yes. You should always provide written notice and keep a copy for your records when ending a lease early.

Where can South Carolina renters find official forms or support?

Renters can access information and sample forms from the South Carolina State Housing Finance and Development Authority and local legal aid services.

Breaking a Lease in South Carolina: Penalties & Tenant Options

Lease Agreements & Renewals South Carolina published: June 21, 2025

Are you considering ending your apartment lease early in South Carolina? Many renters face situations like job changes, family needs, or unlivable housing conditions. Understanding your rights under South Carolina law is key so you can avoid unexpected costs or legal trouble. This guide explains tenant options, penalties, and useful next steps to help make breaking your lease as smooth as possible.

What Happens If You Break a Lease Early?

In South Carolina, a lease is a binding contract for a set time (usually 6 or 12 months). If you move out before your lease ends without the landlord's agreement or legal justification, you may be responsible for certain penalties. However, there are options and legal protections that can help limit your costs.

Typical Penalties for Breaking a Lease

Early termination fee: Some leases include a specific penalty (e.g., one or two months' rent).
Owed rent: You may be required to pay rent until the lease ends or the unit is re-rented.
Loss of security deposit: If you break your lease improperly, part or all of your deposit could be withheld for lost rent or damages.

South Carolina law requires landlords to make reasonable efforts to re-rent the unit, which may help reduce the rent you owe if you move out early.^[1]

Legal Reasons You Can Break a Lease Without Penalty

Active Military Duty: If you enter active military service, federal law (the Servicemembers Civil Relief Act) allows you to break your lease with proper notice.
Unsafe or Uninhabitable Housing: If your rental is unlivable and the landlord doesn't make necessary repairs after being notified, the law may allow you to leave without penalty.^[2]
Landlord Harassment or Rights Violations: If a landlord repeatedly violates your privacy or fails to follow the law, you may have grounds to terminate.
Domestic Violence: South Carolina law provides certain protections for victims—seek advice from a legal aid agency for documentation requirements.

Always seek legal guidance before ending your lease for these reasons to ensure you meet all requirements.

Giving Proper Notice to Your Landlord

Even if you have grounds to break a lease or plan to negotiate, you must provide written notice to your landlord. Check your lease terms for required notice periods (often 30 days). If you don't use the proper forms or notice, you might be charged additional penalties.

Official Forms and Examples

Notice of Intent to Vacate:
Used to give official notice you're moving out before your lease ends. While South Carolina does not have a standardized statewide form, it's recommended to provide written notice including your move-out date, reason, and signature.

Tip: Always keep a copy of your notice and consider sending it via certified mail for proof.
Sample template and tips are available from the South Carolina State Housing Finance and Development Authority.
Military Lease Termination Notice (SCRA):
If breaking a lease due to military service, use a written notice referencing the Servicemembers Civil Relief Act and include a copy of your orders.
- Instructions and sample letters are available in the SC Servicemembers Civil Relief Act resources.

Options to Reduce Your Lease-Breaking Costs

Negotiate with your landlord: If possible, work out a deal to pay reduced penalties or agree to sublet.
Help find a new renter: Landlords must try to fill the unit, but if you assist, it may speed up the process and lower what you owe.
Review your lease: Some leases have early termination clauses that outline your rights and costs.

For any option, honest communication and proper paperwork protect both renter and landlord.

South Carolina Tenancy Laws and Who Can Help

Residential tenancy disputes in South Carolina are generally handled in South Carolina Magistrate Court.
The primary law covering lease agreements and terminations is the South Carolina Residential Landlord and Tenant Act.^[1]

Local housing authorities and legal aid services are also valuable resources if you have questions or need support.

FAQ: Breaking a Lease Early in South Carolina

What is the penalty for breaking a lease early in South Carolina?
Usually, you are responsible for unpaid rent until the lease ends or a new tenant is found, and possibly additional fees outlined in your lease.
Are there legal reasons I can break my lease without penalty?
Lawful reasons include unsafe housing, active military duty, domestic violence, or your landlord seriously violating the lease or your rights.
If I break my lease, does my landlord have to try to re-rent the unit?
Yes, the law requires your landlord to make reasonable efforts to rent to a new tenant as soon as possible.
Do I need to give written notice if I want to end my lease early?
Yes, always give written notice and keep a copy for your records. Include your planned move-out date and reasons (if applicable).
Where can I get help or find official forms?
You can find information and sample notices through the South Carolina State Housing Finance and Development Authority and local legal aid offices.

Key Takeaways

Breaking a lease in South Carolina can mean paying penalties, but legal exceptions apply to some situations like unsafe housing or military duty.
Your landlord must try to re-rent the unit—this may reduce how much rent you owe after moving out early.
Written notice and good documentation protect your rights in any early termination.

Need Help? Resources for Renters

South Carolina State Housing Finance and Development Authority – Guidance and tenant support
South Carolina Legal Services – Free legal help for qualifying renters
South Carolina Magistrate Court – Handles landlord-tenant disputes
South Carolina Residential Landlord and Tenant Act – Full tenancy legislation
Servicemembers Civil Relief Act (SCRA) – Protection for military members