House Amendment 1
H 4158 - Session 125 (2023-2024)
Domestic violence in rental properties

The Committee on Judiciary proposes the following amendment (LC-4158.SA0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 27-40-350 and inserting:

 Section 27-40-350 (A) If a residential tenant is a protected tenant, the tenant may:
  (1) terminate the protected tenant's obligations under a rental agreement within sixty days of the date of the documented qualifying incident; and
  (2) not be held liable for penalties or fees that might otherwise be imposed for the termination of the protected tenant's obligations under a rental agreement within sixty days of the documented qualifying incident.
 (B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident and is entitled to remain at the residence for at least thirty days following the submission of the notice to the landlord. The protected tenant is still responsible for paying rent and other amounts owed, other than any fees imposed for early termination of the rental agreement, during the thirty days before the termination of the protected tenant's obligations under a rental agreement.
 (C) The protected tenant's obligations as a tenant must continue through the effective date of the termination. Any cotenants on the lease with the protected tenant shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement with five days' written notice and collect actual damages for such termination against the perpetrator.
 (D) A landlord:
  (1) may not require or force the protected tenant to vacate the residence before the expiration of the thirty days authorized by this section, but may enter into an agreement with the protected tenant to terminate the protected tenant's obligations under a rental agreement earlier than what is required pursuant to this section; and
  (2) is entitled to all remedies available arising from the destruction or damage of the rental unit caused by the protected tenant or permitted by the protected tenant while on the premises with the protected tenant's permission.
 (E) A landlord may not take any retaliatory action against a protected tenant in response to the early termination of the protected tenant's obligations under a rental agreement pursuant to this section.
 (F) A landlord may not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on:
  (1) the tenant, applicant, or a household member's status as a protected tenant; or
  (2) the tenant or applicant having terminated a rental agreement under Section 27-40-350.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 27-40-210 of the S.C. Code is amended by adding:

(19) "Protected tenant" means a tenant or household member who is a victim of a qualifying incident.
(20) "Qualifying Incident" means domestic abuse or violence as defined by Chapter 4 of Title 20 or Chapter 25 of Title 16 wherein both the victim and the perpetrator are leaseholders on the same property and the domestic abuse or violence is documented by law enforcement, court, or other federal or state agency records or files.