Panel backs bill letting domestic-violence victims end leases without early-termination fees

The Domestic Relations, Business and Probate Law Subcommittee voted 5-0 to give House Bill 35-69 a favorable report after adopting a technical amendment that standardizes the bill's notice and termination window to 60 days.

The bill would add a new section (27-40-350) to state law allowing a “protected tenant” — a tenant or household member who is a documented victim of domestic abuse or violence — to terminate a residential rental agreement within 60 days of a qualifying incident without being liable for early-termination penalties or fees.

The bill’s supporters said the change would help victims who must quickly relocate for safety. Sora Barber, executive director of the South Carolina Coalition Against Domestic Violence and Sexual Assault, told the committee that orders of protection and restraining orders are often obtained “at the most dangerous time in an abusive relationship” and that 33 states already allow early lease termination for interpersonal-violence victims. “Extending early lease termination rights to survivors will allow the victims the flexibility they need to quickly and affordably relocate to safe housing,” Barber said.

Under the bill, a qualifying incident must be documented by a restraining order or order of protection, or by a conviction of the perpetrator. A protected tenant must provide written notice to the landlord within 60 days of the qualifying incident and relinquish possession; the tenant remains responsible for rent and other amounts due during the 60-day period and prior to termination, except for early-termination fees. Cotenants on the lease remain responsible for rent as it becomes due. If the perpetrator is the sole remaining tenant, the landlord may terminate the lease and pursue damages from that individual.

The bill prohibits landlords from forcing a protected tenant to vacate the premises before the end of a 30-day period in one provision the committee later amended to conform to 60 days, though the bill allows an earlier termination by agreement and permits landlords to seek remedies for damages. It also forbids landlord retaliation against a protected tenant for exercising the early-termination right or for their status as a protected tenant.

Annie Wilson of the South Carolina Apartment Association testified in support, saying property managers want an established mechanism to assist victims. Representative David Martin proposed adding a “safe harbor” provision to shield landlords who act in good faith on documentation; he offered language describing that a landlord “who acts in good faith and reliance upon documentation provided under this section shall not be held liable for terminating or modifying a lease under this section,” and the committee agreed to consider drafting that amendment for full committee.

Following discussion and adoption of a cleanup amendment that aligned time frames to 60 days, the subcommittee conducted a roll-call vote. Representative Bernstein, Representative Paula Calhoun, Representative Val Guest, Representative John King and Representative David Martin voted aye; none opposed. The bill now proceeds with a favorable report to the full committee.

The measure reflects work from last session, when a related bill passed the House with amendments but did not pass the Senate; proponents said the current text reflects negotiated language between the Apartment Owners Association and victims' advocates.

Votes at a glance: amendment 1 (technical cleanup to align 60-day language) — adopted by voice; favorable report on HB 35-69 — roll call 5-0.

Questions for next steps include whether to add Representative Martin's proposed landlord safe-harbor language in subcommittee or at full committee; the committee indicated it would prepare the draft for full consideration.