A South Carolina 30 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a South Carolina 30 Day Notice To Vacate
A South Carolina 30 Day Notice To Vacate terminates the following types of tenancy:
- A rental agreement, including a month-to-month or year-to-year lease
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
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 30 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 30 Day Notice To Vacate
South Carolina landlords and tenants may deliver a lease termination notice by any means which causes the information to come to the other party’s attention. The law recognizes the validity of these methods:
- Hand delivery to the other party
- Tenant only: Delivery to the landlord’s business address (either usual place of business, or as specified by the rental agreement)
- Mailed notice via certified or registered mail, to the other party’s last known address of record
Mailed notice extends the notice period by five (5) calendar days, to account for variable delivery times.
Sources
- 1 SC Code § 27-40-770(b)
-
The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.
Source Link - 2 S.C. Code § 27-40-240(B)
-
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)
-
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