South Carolina 5 Day Notice To Quit

Last Updated: March 12, 2024 by Roberto Valenzuela

A South Carolina 5 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent, when any portion of the rent remains unpaid five (5) calendar days after normally due. The tenant must pay the balance due or move out within five (5) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.

When To Use a South Carolina 5 Day Notice To Quit

A South Carolina 5 Day Notice To Quit begins the eviction process in South Carolina when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid five (5) calendar days after the rent is normally due.

In South Carolina, a landlord may go immediately to the courthouse after the five (5) calendar day statutory grace period and file for eviction without serving notice, but only if the rental agreement clearly states no written notice shall be provided for nonpayment of rent.

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 5 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and payment required to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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 5 Day Notice To Quit

South Carolina landlords may deliver an Notice To Quit by any means which causes the information to come to the tenant’s attention. The law specifically recognizes the validity of these methods:

  1. Hand delivery to the tenant
  2. 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.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.