South Carolina Eviction Notice Requirements
Under the South Carolina Residential Landlord and Tenant Act, if rent is unpaid when due and the tenant does not pay within 5 days of the due date, the landlord may terminate the rental agreement, as long as the landlord has given written notice of the nonpayment and of the intent to terminate. For other material lease violations, the notice gives the tenant 14 days to fix the problem. A month-to-month tenancy ends with at least 30 days' written notice from either side.
A lease-violation notice must describe the acts or omissions that make up the breach and state that the agreement will end on a date at least 14 days after the tenant receives it if the breach is not remedied. For nonpayment, the written notice requirement is met once per lease term, and it is also met if the written lease contains the conspicuous statement set out in S.C. Code § 27-40-710(B), in which case no separate notice is needed. Keep a copy and proof of delivery.
If the tenant does not pay, cure, or leave, the landlord applies to the magistrate court for an ejectment. The magistrate issues a rule requiring the tenant to vacate or to show cause within 10 days after service why the tenant should not be ejected. South Carolina prohibits landlords from recovering possession by self-help, including by interrupting essential services, and a tenant who is unlawfully removed or excluded can recover damages.
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South Carolina: common questions
How long is a pay-rent notice in South Carolina?
Five days. If the tenant does not pay within 5 days of the due date, the landlord may terminate the agreement after giving written notice of the nonpayment. A lease with the conspicuous statement in § 27-40-710(B) serves as that notice for the whole tenancy.
How long does a South Carolina tenant have to fix a lease violation?
Fourteen days. The landlord gives written notice describing the breach, and if the tenant does not remedy it within 14 days, the agreement ends on the date in the notice. If the fix takes longer, starting within 14 days and finishing in good faith can keep the tenancy.
How do I end a month-to-month tenancy in South Carolina?
Give written notice at least 30 days before the termination date, under S.C. Code § 27-40-770. A week-to-week tenancy requires 7 days. A tenant who stays without the landlord's consent can face an action for possession.
Which South Carolina court handles evictions?
Magistrate courts handle residential ejectments. On the landlord's application, the magistrate issues a rule to vacate or show cause, and the tenant has 10 days after service of the rule to appear and show why the tenant should not be ejected.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| South Carolina | 5 days | 14 days | 30 days |
| Georgia | See statute | See statute | 60 days |
| North Carolina | 10 days | See statute | 7 days |
| Alabama | See statute | See statute | 30 days |
| Alaska | 7 days | 10 days | 30 days |
| Arizona | 5 days | 10 days | 30 days |
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