• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Real Estate Documents Eviction Notice South Carolina

South Carolina Eviction Notice Forms

Use our South Carolina Eviction Notice to remove a tenant from your rental property.

Updated December 23, 2022 | Legally reviewed by Susan Chai, Esq.

If you’re a landlord seeking to evict a tenant, use a South Carolina (SC) eviction notice to begin the process. Your eviction notice must be written according to South Carolina state law and give your tenant the legally required time to respond or move out.

In South Carolina, eviction lawsuits are governed by Title 15, Chapter 67 of the South Carolina Code of Laws.

South Carolina Eviction Notices by Type

Download a free eviction notice customized for South Carolina state law below in MS Word (.docx) or Adobe PDF format.

south carolina 30 day lease termination30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property. In South Carolina, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.

Download: Word (.docx) or Adobe PDF


south carolina eviction notice 14 day comply or quit14-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In South Carolina, landlords must give tenants 14 days’ notice before eviction can proceed in court. During that time, tenants can fix (or “cure”) the problem before the eviction process can proceed in court.

Download: Word (.docx) or Adobe PDF


south carolina eviction notice to quitNotice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In South Carolina, if a tenant uses the property for illegal activity, they don’t have the option to fix (or “cure”) the problem and must move out immediately or risk being forcibly evicted by a court order.

Download: Word (.docx) or Adobe PDF


south carolina eviction notice 5 day pay rent or quit5-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In South Carolina, landlords must give tenants five days to pay rent before eviction can proceed in court.

Download: Word (.docx) or Adobe PDF

If you wish to send a letter simply reminding your tenant that rent is late (without the threat of eviction), use a late rent notice.


Eviction Laws & Requirements

  • Eviction Lawsuit: S.C. Code Ann.  §27-37-20
  • Grace Period for Rent Payment: 5 days S.C. Code Ann. § 27-40-710(B) and 27-37-10(B)
  • Late or Non-Rent Payment Notice: 5 days S.C. Code Ann. § 27-40-710(B) and 27-37-10(B)
  • Notice of Non-Compliance: A landlord must give their tenant 14 days to correct a violation of the lease agreement. The landlord may give the tenant an unconditional quit notice and evict the tenant immediately for conducting illegal activity on the premises. S.C. Code Ann. § 27-40-710(A),  S.C. Code Ann. § 27-40-710(B)
  • Lease Termination (Month-to-Month): 30 days  S.C. Code Ann. § 27-40-770

What is the Eviction Process in South Carolina?

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 the 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.

Step 6: Set the case for trial

If the tenant fails to show cause within ten days, the magistrate issues a Writ of Ejectment, and the sheriff serves the Warrant on the tenant. If the tenant responds, 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. Either party can request that the case goes to trial.

Step 7: The court issues the Warrant of Ejectment

If the landlord wins the trial, the Writ of Ejectment is issued by the judge or magistrate within five days and then served on the tenant. The tenant then 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.

Eviction Resources for South Carolina Landlords and Tenants

Tenants

The following South Carolina Bar webpages discuss various topics related to the Landlord/Tenant relationship within the state:

  • Leases
  • Rights and duties of the tenant
  • Magistrates landlord/tenant court
  • Eviction

Additional tenant resources:

Housing Resources by the South Carolina Appleseed Legal Justice Center

South Carolina Department of Consumer Affairs

Landlords

All South Carolina landlords must get an order from the court before evicting a tenant. Never resort to handling the eviction, like changing the locks or cutting off the tenant’s utilities.

Be sure you understand the rights and duties of South Carolina landlords before proceeding with an eviction lawsuit.


south carolina eviction notice 5 day pay rent or quit

Free South Carolina Eviction Notice Form

Create Your South Carolina Eviction Notice in Minutes!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.”

Esc

South Carolina Eviction Notice Forms

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

Fill in the details

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review