A South Carolina 14 Day Notice To Comply or Vacate is a letter which complies with state legal standards to begin eviction against a tenant for a lease violation, such as failing to maintain the premises in a clean and sanitary manner. The tenant must take appropriate corrective action or move out within fourteen (14) calendar days of receiving notice.
When To Use a South Carolina 14 Day Notice To Comply or Vacate
A South Carolina 14 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Failure to maintain the rental unit in a clean and sanitary manner
- Occupancy violations
- Parking in an unauthorized area
- Other lease violations
Some types of South Carolina lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a South Carolina 14 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a South Carolina 14 Day Notice To Comply or Vacate
South Carolina landlords may deliver a Notice To Comply or Vacate 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.
Sources
- 1 SC Code § 27-40-510
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Tenant to maintain dwelling unit.
A tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;(2) keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean;(3) dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner;(4) keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean;(5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant’s permission or who is allowed access to the premises by the tenant;(7) conduct himself and require other persons on the premises with the tenant’s permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant’s peaceful enjoyment of the premises;(8) comply with the lease and rules and regulations which are enforceable pursuant to Section 27-40-520.
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.
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