Breaking a lease in South Carolina

If you are the tenant

• A tenant may end a month-to-month tenancy with written notice given at least 30 days before the termination date specified in the notice (§ 27-40-770(b)).

If the landlord ends it

• A landlord may end a month-to-month tenancy with written notice given at least 30 days before the termination date specified in the notice; no reason is required by statute (§ 27-40-770(b)).

Written notice required: Yes. Notice to end a periodic tenancy must be written (§ 27-40-770).

• week-to-week, both: 7 days. Either party may end a week-to-week tenancy with written notice at least 7 days before the termination date specified in the notice (§ 27-40-770(a)).

If the tenant abandons, the landlord must make reasonable efforts to re-rent at a fair rental; the lease ends when a new tenancy begins, subject to the landlord's remedies. Until then the tenant remains liable under the lease (§ 27-40-730(c)).

Landlord's duty to re-rent: Yes. If the tenant abandons, the landlord shall make reasonable efforts to re-rent at a fair rental; if it fails to, or accepts the abandonment as a surrender, the lease is considered ended by the landlord on the date it had notice of the abandonment (§ 27-40-730(c)).

Lease-break fees: No statutory limit on early-termination or reletting fees; the lease controls (subject to mitigation). A § 27-40-350 domestic-violence termination is free of early-termination fees. The Act expressly allows bona fide liquidated-damages clauses that set the damages for lost rent when a lease ends early (§ 27-40-330(c)).

• Domestic violence, sexual assault or stalking (S.C. Code § 27-40-350 (Act No. 184 of 2026))

  Since May 18, 2026, a tenant who is a victim of domestic abuse by a co-leaseholder may end their own lease obligations; termination takes effect on the date in the notice, at least 30 days after the landlord receives it unless the landlord agrees to an earlier date.

  Notice:

  30 days, in writing

  Proof:

  Written notice within 60 days after the qualifying incident, with a restraining order, order of protection, or evidence of the perpetrator's conviction. Applies only when both the victim and the perpetrator are leaseholders on the same property.

  What you still owe:

  No early-termination penalties or fees; the tenant pays rent and other amounts through the effective date and is liable for damage the tenant caused. Co-tenants stay liable for the full rent; the deposit need not be returned until the lease ends.

• Unit unlivable or landlord fails to repair (S.C. Code § 27-40-610)

  For material landlord noncompliance, the tenant may give 14 days' written notice to end the lease if not fixed.

  Notice:

  14 days, in writing

  Proof:

  Written notice specifying the landlord's material noncompliance affecting health, safety or the property's physical condition.

  What you still owe:

  The lease ends on the date in the notice (at least 14 days after receipt) unless the landlord remedies within 14 days (or, for breaches not affecting health and safety that cannot be fixed in 14 days, starts within 14 days and finishes in a reasonable time). Security is returned.

• Unit unlivable or landlord fails to repair (S.C. Code § 27-40-650)

  If fire or casualty substantially impairs normal use of the unit, the tenant may move out immediately and give written notice within 7 days.

  Notice:

  7 days, in writing

  Proof:

  Written notice within 7 days after vacating.

  What you still owe:

  The lease ends as of the date of vacating; security and prepaid rent are returned unless the tenant caused the damage.

• Landlord harassment or illegal entry (S.C. Code § 27-40-780(b))

  If the landlord makes unlawful entries, repeated unreasonable entries, or harassing demands for entry, the tenant may end the lease.

  Proof:

  None specified; the tenant may also seek an injunction.

  What you still owe:

  The tenant may end the lease and recover actual damages and attorney's fees.

• Military service (state law) (S.C. Code §§ 25-1-4030(2)(c)-(d), 25-1-4040)

  South Carolina extends the federal SCRA, including its lease-termination right, to SC National Guard members called to state active duty for more than 30 consecutive days and to other states' Guard members on similar state orders.

  Proof:

  For SC Guard state active duty or another state's similar Guard orders: a written or electronic copy of the order to military service given to the landlord.

  What you still owe:

  Same as the federal SCRA lease-termination rules, which South Carolina applies by state law.

• Landlord harassment or illegal entry (S.C. Code § 27-40-660)

  If the landlord unlawfully removes or excludes the tenant, or willfully interrupts essential services, the tenant may end the lease.

  Proof:

  None specified.

  What you still owe:

  The tenant may end the lease and recover three months' rent or twice actual damages, whichever is greater, plus attorney's fees; recoverable security is returned.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• A tenant's unexplained absence for 15 days after defaulting on rent is treated as abandonment; it is immediate if the tenant also shut off utilities (§ 27-40-730(a)-(b)).
• A willful holdover can cost up to three months' rent or twice actual damages, whichever is greater, plus attorney's fees (§ 27-40-770(c)).

• Write a South Carolina notice to vacate
• South Carolina security deposit law: getting your deposit back after you move

• S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act) Retrieved October 13, 2026.
• H.3569 (2025-2026), Act No. 184: domestic violence in rental properties (§ 27-40-350) Retrieved October 13, 2026.
• S.C. Code Title 25, Chapter 1 (§§ 25-1-4030, 25-1-4040) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.