How to Break a Lease Agreement in South Carolina

You may only break a lease in South Carolina under certain circumstances.

Each state has its own landlord/tenant laws. South Carolina's landlord/tenant law can be found in the South Carolina Code of Laws, Title 27--Chapter 40, the Residential Landlord and Tenant Act passed in 1986. Both landlords and tenants can discover what conditions warrant the breaking of a lease in South Carolina within the contents of the Residential Landlord and Tenant Act.

Instructions

1. Inform the landlord in writing of any problems you are having with the apartment. Before you break the lease, you must give the landlord 14 days to address and correct any issues. Always keep a copy of the letter to prove you properly notified the landlord of the problem. According to Section 27-40-440 of South Carolina's code of laws, the landlord must provide the rental unit in habitable condition and keep up with all repairs.

2. Review your lease carefully. It may state that you can break the lease if you pay an early-termination fee. Often, this fee is equal to one month's rent. If this clause does not exist in the lease, you may be responsible for paying rent until the end of your lease, even if you vacate the premises.

3. Provide your landlord with documentation to prove you are being called to serve in the military. South Carolina law permits leases to be broken without penalty when individuals are fulfilling their call to duty.

4. Send your landlord a termination letter within seven days of a fire or event that causes significant damage to the rental unit. South Carolina code Section 27-40-650 allows for a break of the lease in these instances.

5. Ask your landlord if you can break the lease. The landlord can let you out of the lease if he wants to, which will save you from having to pay any termination fees. Just make sure you both sign a termination agreement. Keep a copy for your records in case the landlord changes his mind later.

Tips & Warnings

• Always keep communication open with your landlord, and document everything that happens. Use the court system as a last resort.

• Your local Legal Aid office can supply you with more information on landlord/tenant rights in South Carolina.

• You cannot make repairs yourself and deduct the repair amount from your rent. South Carolina code Section 27-40-630 strictly forbids this. You must notify your landlord and wait for him to arrange to have the repairs completed.

References

• South Carolina Legislature: South Carolina Code of Laws
• Apartment Ratings; How to Break a Lease; November 2005

Resources

• Rent Law: Breaking Your Lease on a Rented Unit
• U.S. Department of Housing and Urban Development: Local Tenant Rights, Laws and Protections: South Carolina