Can I break my lease without penalty if I get military orders?

Yes. Under the SCRA, you can end your lease early by giving your landlord written notice and a copy of your official orders.

What court handles disputes if I have problems with my South Carolina landlord?

Your local South Carolina Magistrate Court handles residential landlord-tenant disputes, including those involving military renters.

Am I protected from eviction if deployed or on active duty?

Yes. The SCRA provides additional protections, including possible court-ordered stays of eviction while you are on active duty or deployed.

Where can I find forms to respond to an eviction notice?

Official forms are available from the South Carolina Judicial Department's Magistrate Court Forms portal.

Can my landlord raise my rent without notice?

No. South Carolina law requires written notice for any rent increase. Check your lease and state law for specific notice rules.

South Carolina Off-Base Military Housing: Renter Rights Guide

Special Housing Types & Situations South Carolina published June 21, 2025

Military service members and their families renting off-base housing in South Carolina have the same essential renter rights as civilians, plus some additional protections. Understanding your rights can help you confidently handle issues like lease disputes, maintenance delays, or unexpected rent increases. This guide explains your rights, common renter problems, and where to turn for help—all with official South Carolina resources.

Understanding Off-Base Military Housing

Off-base military housing means renting from a private landlord or property company rather than living in government-provided barracks or on-base family housing. These rentals are covered by state laws and, sometimes, additional federal protections for service members.

Key Protections for Military Renters

South Carolina Residential Landlord and Tenant Act. This law sets rules for leases, security deposits, repairs, evictions, and more. It protects both renters and landlords. You can read the full South Carolina Residential Landlord and Tenant Act online.^[1]
Servicemembers Civil Relief Act (SCRA). This federal law gives military renters extra rights, such as the ability to break a lease without penalty if deployed or receiving orders to move at least 50 miles away. Read more at the U.S. Department of Justice Servicemembers Civil Relief Act page.^[2]

Common Issues Military Renters Face (and What to Do)

Military families often face moves, deployments, and unique lease scenarios. Here are some common situations and smart ways to handle them:

Needing to break a lease due to military orders: The SCRA allows you to end a lease early without penalty if you get PCS (Permanent Change of Station) orders or are deployed for over 90 days.
Provide your landlord with a written notice and a copy of your official orders. Keep a dated copy for your records.
Facing an eviction threat: Landlords must follow South Carolina law, which requires written notice and a court order. Military renters often get extra time before eviction under the SCRA.
Delays in repairs or maintenance: You have the right to safe and livable housing. If repairs are needed, notify your landlord in writing and keep all communication records.

Important Forms for Military Renters in South Carolina

These official forms help you assert your rights, especially in tricky situations.

SCRA Lease Termination Notice (no standard SC number):
When and how to use:
- If you receive military orders for deployment or relocation, submit a written notice to your landlord with a copy of your orders. The letter should state your intent to terminate the lease under the SCRA.
- Sample template and SCRA details available from the DOJ.
South Carolina Notice to Remedy or Quit:
- Use this if you need to notify your landlord about a problem they must fix (like repairs or habitability issues).
- Requirements under SC law (see Section 27-40-610). Typically, you may write your own notice, but it’s helpful to follow the legal language.
South Carolina Magistrate Court Eviction Forms:
- If you receive an eviction notice, you may respond or contest it by filing official forms with your local magistrate court.
- Official Magistrate Court Forms (South Carolina Judicial Department)

Where to Get Tenant Disputes Resolved

In South Carolina, the Magistrate Courts handle residential tenancy disputes, including eviction actions and landlord-tenant complaints.^[3] If issues can't be resolved directly with your landlord, you can file a complaint or respond to eviction paperwork through your county’s Magistrate Court.

Tip: Always document communication and keep copies of all notices, orders, and forms related to your tenancy. This documentation can protect your rights and help in case of disagreements.

Action Steps for Common Military Renter Issues

Breaking a lease due to deployment:
1. Draft a written notice to your landlord.
2. Attach a copy of your military orders.
3. Deliver the notice and orders (keep copies for your records).
4. Consult your base legal assistance office if you encounter resistance.
Responding to eviction:
1. Review the notice and any court documents carefully.
2. If you have orders or SCRA protections, provide them promptly to the court and landlord.
3. Attend any scheduled Magistrate Court hearing or submit a formal response using the official forms.

Always consult your installation’s Legal Assistance Office and reach out to state resources for additional support.

FAQs for Military Renters Off-Base in South Carolina

Can I break my lease without penalty if I get military orders?
Yes. Under the federal SCRA, service members may terminate their lease early by providing written notice and a copy of official orders for deployment or relocation.
What court handles disputes if I have problems with my South Carolina landlord?
All residential landlord-tenant disputes, including those for military renters, are handled by your local South Carolina Magistrate Court.
Am I protected from eviction if deployed or on active duty?
Yes, you have extra protections under the SCRA, including possible court-ordered stays of eviction proceedings while on duty or deployed.
Where can I find forms to respond to an eviction notice?
Official forms are available through the South Carolina Judicial Department's Magistrate Court Forms portal.
Can my landlord raise my rent without notice?
No. South Carolina law requires appropriate written notice for any rent increase. Always refer to your lease and confirm that legal notice requirements are met.

Key Takeaways for South Carolina Military Renters

Service members renting off-base are covered by both South Carolina landlord-tenant law and federal SCRA protections.
Breaking a lease for military reasons is allowed with proper written notice and supporting orders.
Use official South Carolina and SCRA forms and seek help from base legal offices if you encounter legal issues.

Understanding your rights and available protections makes for a smoother, safer renting experience in South Carolina.

Need Help? Resources for Renters

South Carolina Residential Landlord and Tenant Act (Official Text)
Find Your Local Magistrate Court – Handles Evictions and Disputes
Magistrate Court Forms – South Carolina Judicial Department
Servicemembers Civil Relief Act (SCRA) – U.S. Department of Justice
Contact your base Legal Assistance Office for personalized guidance on military housing rights.