Roommate Rent Liability When Moving Out in South Carolina

Roommates, Subletting & Shared Housing South Carolina published: June 21, 2025 Flag of South Carolina

Sharing a rental can help keep living costs low, but what happens if your roommate moves out before the lease ends? In South Carolina, renters often have questions about who is responsible for paying the full rent in these situations. This guide explains what the law says about roommate rent liability, your rights, and the practical steps you can take if you’re facing this challenge.

Understanding Shared Lease Agreements in South Carolina

Whether you’re both on the lease or just one of you, liability for rent depends on your rental agreement and state law. In South Carolina, rental relationships are mainly governed by the South Carolina Residential Landlord and Tenant Act.[1]

  • All tenants on the lease: If both you and your roommate signed the lease, you are each typically “jointly and severally liable.” This means your landlord can ask either of you for the full rent.
  • One tenant on the lease: Whoever is on the lease is legally responsible for the rent, regardless of any informal agreement between roommates.
  • Informal roommate agreements: While these can help set expectations, they are not legally binding for your landlord unless all roommates are on the official lease.

What Happens When a Roommate Moves Out?

If your roommate moves out before the lease ends, you (or anyone still on the lease) remain responsible for the full rent unless the landlord formally releases you or a new roommate signs on. Your landlord is not required to reduce the rent or find a replacement roommate for you.

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If only one tenant is listed on the lease, you could face eviction if the total rent is not paid, even if your former roommate agreed to pay their share. Landlords can choose who to pursue for unpaid rent, and typically pursue whoever remains in the unit.

Options for Handling a Roommate Leaving

To protect yourself and minimize risk, consider these steps if your roommate leaves:

  • Contact your landlord: Let your landlord know a roommate has moved out, especially if that person was on the lease. Ask if they require a formal notice or roommate change.
  • Look for a replacement roommate: In most cases, you’ll need landlord approval. Some landlords will have an application and approval process for new tenants.
  • Discuss subletting: Subletting may be allowed if your landlord agrees, but always get permission in writing. Your lease may include a section regarding subletting.
If you and your roommate signed a written agreement about sharing rent and other expenses, you may be able to take civil legal action to recover your share, but the landlord does not have to enforce this private agreement.

Relevant Forms and How to Use Them

  • Notice to Vacate: If you must end your lease due to a roommate leaving and you’re unable to pay alone, you must give proper written notice. South Carolina does not have a statewide official form, but most landlords require a written notice, typically 30 days in advance for a month-to-month agreement. Work directly with your landlord for their preferred form or template. See S.C. Residential Landlord and Tenant Act Section 27-40-770 for notice requirements.[1]
  • Roommate Change or Addition Form: Some landlords provide their own form for adding or removing roommates from the lease. Always request any required paperwork and follow your landlord’s procedure.

If your roommate leaves and you wish to remain, it’s important to request a lease amendment or replacement application from your landlord. This ensures everyone’s responsibility is clearly documented moving forward.

How South Carolina’s Landlord-Tenant Tribunal Can Help

In South Carolina, court disputes relating to rent liability, evictions, or rental agreements are handled in Magistrate's Court (Summary Court).[2] This court handles landlord-tenant issues including complaints about unpaid rent, eviction filings, and security deposit disputes.

Tenancy Legislation to Know

South Carolina renters are protected under the South Carolina Residential Landlord and Tenant Act. Key sections include:

Frequently Asked Questions

  1. What if my roommate was never on the lease?
    You are solely responsible for the full rent if only your name is on the lease, regardless of any informal agreement with your roommate.
  2. Can a landlord evict me if my roommate leaves and I can't pay full rent?
    Yes, if the full rent is not paid, the landlord can start eviction proceedings under South Carolina law, even if you only owe part due to your roommate moving out.[1][2]
  3. Can I sublet to a new roommate?
    You may sublet if your lease or landlord permits, but always get written permission. Subletting without approval may violate your lease.
  4. What legal action can I take if my roommate owes me money for rent?
    You can file a small claims case in Magistrate's Court to seek repayment, but your landlord is not required to enforce agreements between roommates.[2]
  5. Is there an official South Carolina form to remove a roommate from the lease?
    No statewide form exists; you must contact your landlord for their required process and paperwork.

Key Takeaways

  • If both roommates are on the lease, both are usually equally responsible for all rent.
  • If only one roommate is on the lease, that person is solely liable for unpaid rent.
  • Landlords aren’t required to modify rent or replace roommates—communicate early and document changes.

Keep open communication with your landlord and protect yourself by getting all roommate changes and subletting agreements in writing.

Need Help? Resources for Renters

  1. South Carolina Residential Landlord and Tenant Act, available at scstatehouse.gov – Landlord and Tenant Act
  2. South Carolina Magistrate's (Summary) Court information at sccourts.org – Summary Court Bench Book

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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