In South Carolina, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in South Carolina?
In South Carolina, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in South Carolina?
In South Carolina, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A 5 Day Notice to Quit for nonpayment of rent is the eviction notice for tenants that do not pay rent in full and on time. A landlord can serve notice if the rent is not paid within the legal five (5) calendar day grace period of the date rent is normally due.
Acceptable Forms of Service in South Carolina
South Carolina landlords may deliver an eviction notice by any means which causes the information to come to the tenant’s attention. The law specifically recognizes the validity of these methods:
- Hand delivery to the tenant
- Mailed notice via certified or registered mail, to the tenant’s address of record or last known residence
Mailed notice counts as notice without proof of receipt. It also extends the notice period by five (5) calendar days, to account for variable delivery times.
Obtaining Proof of Service in South Carolina
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified/Registered Mail – return receipt and completing a Declaration of Service
South Carolina Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice To Quit | Eviction for Unpaid Rent |
| 14 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 SC Code § 27-40-710(B)
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If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period.
Source Link - 2 S.C. Code § 27-40-240(B)
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A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when:
(1) it comes to his attention; or (2) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (3) in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him as the place for receipt of the communication, or in the absence of the designation, to the tenant’s last known place of residence. Proof of mailing pursuant to this subsection constitutes notice without proof of receipt. Source Link - 3 South Carolina Judicial Court Rules of Civil Procedure - Rule 6(e)
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Additional Time After Service by Mail or Upon Statutory Agent. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail or upon a person designated by statute to accept service, five days shall be added to the prescribed period.
Source Link
