South Carolina Tenant Rights: Domestic Violence and Rental Homes

Renters facing domestic violence in South Carolina deserve a safe home. The law provides special protections, including rights to end a lease early and request lock changes. This guide explains how you can use these rights, what forms and steps are required, and how to get help. South Carolina's laws recognize the need to protect survivors while also ensuring clear procedures for landlords.

South Carolina Rental Laws Protecting Domestic Violence Survivors

South Carolina law addresses tenant safety for those experiencing domestic violence. Key provisions allow you to break a lease without penalty or ask for new locks to be installed after proper notice. These laws are found in the South Carolina Residential Landlord and Tenant Act and provide crucial support steps for renters who need to prioritize personal safety.

Key Domestic Violence Protections for Renters

• Early Lease Termination: You can end your lease before its normal end date, without penalty, if you or a household member is a victim of domestic violence. Proper documentation is required.
• Right to Change Locks: You may request a lock change in writing to your landlord. The cost may be your responsibility unless otherwise agreed.
• No Eviction Due to Abuse: Landlords cannot evict or penalize you solely for being a victim of domestic violence.

These rights only apply if certain required documents are provided. See the steps below for details on using these protections.

How to Use Your Rights: Forms and Procedures

To exercise lease termination or lock change rights, you must give your landlord written notice and legal documentation that you or a household member are a victim of domestic violence.

Required Forms and Documentation

• Written Notice of Early Lease Termination (no official form number):
  • Use a written letter stating your intent to leave due to domestic violence, the proposed move-out date, and include supporting documentation.
  • Documentation can include a restraining order, police report, or court order relating to domestic violence.
  • See Section 27-40-720(C) of the South Carolina Residential Landlord and Tenant Act
• Written Request for Lock Change (no official form):
  • Provide your landlord a written request asking for new locks, along with documentation of domestic violence status as above.
  • If the landlord fails to respond or refuses, you may have the right to change the locks and provide the landlord with a key.
  • See Section 27-40-720(D) for lock change rules

If you need copies of restraining orders or protective orders, they can be obtained from the South Carolina Family Court.

Step-by-Step: Using Domestic Violence Rental Protections

Follow these steps if you are seeking to end your lease or request a lock change in South Carolina due to domestic violence:

• Obtain legal documentation showing you or a family member is a victim (e.g., restraining order, police report).
• Write a formal notice to your landlord, stating what you are requesting (early termination or lock change) and your effective date.
• Attach your legal documentation to this notice.
• Send the notice and documentation by a trackable method (like certified mail or email with receipt) and keep a copy for your records.
• If requesting a lock change, wait a reasonable time for the landlord to respond. If no response is given, you may arrange a change at your expense but must provide the landlord with a new key.

Official Tribunal Handling Rental Disputes

In South Carolina, rental housing disputes and landlord-tenant matters are handled by the South Carolina Magistrates Court. You may apply to this court if your landlord does not respect your rights under the law or fails to act on your requests.

Relevant South Carolina Legislation

• South Carolina Residential Landlord and Tenant Act (SC Code Ann. §27-40-720)
• Protection Orders Against Domestic Violence (SC Code Ann. §16-25-20)

Frequently Asked Questions

1. Can I break my lease if I am a victim of domestic violence?
   Yes. If you or a family member is a domestic violence victim, you can end your lease early by giving your landlord written notice and supporting documentation as described above.
2. What documents do I need to give my landlord?
   Generally, you must provide a restraining order, police report, or court order verifying your status as a domestic violence victim when requesting lease release or lock changes.
3. Will I owe penalties or extra rent if I move out early due to domestic violence?
   No. South Carolina law protects you from financial penalties when you follow the proper procedures and documentation for early lease termination.
4. How long does a landlord have to change the locks after my request?
   The law requires a "reasonable" time, but if the landlord does not act, you may change the locks yourself (at your cost) and provide a copy of the new key to the landlord.
5. Can my landlord evict me for calling the police because of domestic violence?
   No. Landlords cannot evict or penalize you solely for being a victim of domestic violence or for requesting police help in these situations.

Conclusion: Key Takeaways for Renters

• You have the right to break your lease and request lock changes if you are a domestic violence survivor.
• Always provide written notice and official documentation to your landlord to use these protections.
• Seek help from local courts and advocacy organizations if your landlord does not follow the law.

South Carolina supports renters' safety by providing clear rights and processes to protect those at risk. Understand your options to take quick and confident action.

Need Help? Resources for Renters

• South Carolina Attorney General – Domestic Violence Victims Resources
• South Carolina Magistrates Court – Handles rental disputes and enforcement
• South Carolina Residential Landlord and Tenant Act
• South Carolina Legal Services – Free legal help for eligible renters
• Call 211 or visit SC 211 for local support services

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1. "South Carolina Residential Landlord and Tenant Act," SC Code Ann. §27-40-720 (official legislation).
2. "South Carolina Magistrates Court" (official court website).
3. "Protection Orders Against Domestic Violence," SC Code Ann. §16-25-20 (official code).
4. "South Carolina Family Court Forms and Information" (official source).

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