Understanding Eviction Notices in South Carolina
South Carolina landlords must start the eviction process by giving tenants a written notice that matches the reason, whether it’s nonpayment, a lease violation, or something else.
Use our easy-to-use document editor to write a customized South Carolina eviction notice. Then, download it as a PDF or Word file and deliver a copy to your tenant.
Types of Eviction Notices in South Carolina
South Carolina uses different notice formats that landlords must follow depending on whether the issue is rent-related, a lease breach, or a desire to end a lease term.
5-Day Notice to Pay Rent or Quit
Send a 5-day notice to the tenant to demand the payment of overdue rent. If the original lease specifies the consequences of failing to pay rent within five days of the agreed-upon due date, the landlord doesn’t have to issue a separate notice to quit (according to SC Code § 27-40-710(b)).
However, if the original agreement doesn’t state this information, the landlord must deliver a separate notice when the tenant doesn’t pay on time. If the tenant continues not to pay rent and doesn’t move out, the landlord can file a lawsuit to initiate the formal eviction process.
5-Day Notice to Pay Rent or Quit
Deliver tenants five days' notice to pay rent before eviction can proceed in court.
14-Day Notice to Quit for Non-Compliance
Ask a tenant to rectify a lease offense or leave the premises within 14 days under SC Code § 27-40-710(A). You can issue a 14-day notice so the tenant stops negatively affecting the property’s physical condition or the others’ health, safety, and well-being.
After issuing this notice, the lease will end if the tenant fails to comply. However, if the tenant starts curing the breach within the 14-day period and intends to cure it in a reasonable time, the rental agreement won’t terminate. If the tenant doesn’t address the issue, they can move out, and the landlord can find a more responsible inhabitant.
14-Day Notice to Quit for Non-Compliance
Issue tenants 14 days' notice before eviction can proceed in court for non-compliance.
Immediate Notice to Quit for Non-Compliance
If a tenant is engaging in illegal behavior, you can issue an immediate notice to quit. Unlike the traditional 14-day notice the state allows, this notice does not give the tenant the option to correct their breach.
If the tenant doesn’t move out according to the notice’s ultimatum, the landlord can begin the eviction process and obtain a court order to facilitate the process.
Immediate Notice to Quit for Illegal Activity
Demand a tenant who uses your property for illegal activity to move out immediately.
30-Day Notice Lease Termination
Send this form to inform the tenant that you will end a month-to-month lease. Per SC Code § 27-40-770, you must issue at least 30 days’ notice.
After you deliver this notice, the tenant must move out of the residence within the 30-day period. Otherwise, the landlord can initiate legal proceedings against them to facilitate the eviction process.
30-Day Notice Lease Termination
Give tenants 30 days' notice to move out if they're on a month-to-month lease.
How to Evict a Tenant in South Carolina
In South Carolina, eviction lawsuits are governed by Title 15, Chapter 67 of the South Carolina Code of Laws.
Step 1 – Deliver the Correct Eviction Notice
A landlord must send the appropriate eviction notice to their tenant, warning them that they’re at risk of being evicted or that they’re currently being evicted and must move out.
Step 2 – Wait for the Tenant to Correct the Problem
If the tenant hasn’t paid rent on time, the landlord must give them at least five days to pay the total rent before sending them a notice to quit for non-payment. If the tenant has broken the terms of the lease agreement, then the landlord must inform them of the issue and give 14 days’ notice before proceeding with the eviction process in South Carolina.
No notice is required if the tenant has done something illegal while on the rental property, and they can be evicted immediately.
Step 3 – Apply for an Application for Ejectment
The landlord must apply for an Application for Ejectment with their local Magistrate Court to officially remove the tenant from the property.
Step 4 – Serve the Order to Show Cause on the Tenant
After the Application is processed, a Rule to Vacate or Show Cause must be personally served on the tenant or other adult on the premises by the sheriff or a process server.
If two attempts to do the tenant were unsuccessful, the Rule might be posted somewhere clearly visible at the property, and a copy is sent by certified mail to the tenant. However, evidence of the two attempts must also be included with the posted Rule and in the mailing.
Step 5 – Wait for the Tenant’s Answer
The tenant has ten days to answer the Rule to defend their court case. If they don’t respond, the court may issue a default judgment.
Step 6 – Attend the Trial
If the tenant responds with adequate cause, the eviction lawsuit moves to a trial hearing. At the hearing, the judge or magistrate decides the case or sets it for a trial by jury.
Step 7 – The Court Issues the Writ of Ejectment
If the landlord wins the trial, the judge or magistrate issues the Writ of Ejectment within five days. A sheriff enforces the writ. The tenant has 24 hours to vacate the premises.
If the tenant wins, the eviction stops, and they can remain on the property.
Related Court Forms
- Application for Ejectment: To begin eviction, the landlord fills out an application to start the legal proceedings.
- Rule to Vacate or Show Cause: The court issues the Rule to Vacate or Show Cause upon the landlord’s application for ejectment.
- Affidavit and Itemization of Accounts: The landlord submits this form to get court approval of the landlord’s costs, including rent, late fees, and other incidental damages incurred by evicting the tenant.
- Writ of Ejectment: The Writ of Ejectment is issued by the court for the sheriff to serve on the tenant and force them to vacate the property.
