A South Carolina eviction notice is utilized by landlords to initiate tenant eviction. This notice adheres to South Carolina state law, outlining the reason for eviction and providing the tenant with the legally mandated duration to address the issue or vacate the premises.
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.
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 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.