A South Carolina eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in South Carolina.
Types of South Carolina Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 5-Day | Yes |
Lease Violation | 14-Day | Yes |
Material Health/Safety Violation | 14-Day | Yes |
Lease Termination | 7/30-Day | No |
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
In South Carolina, rent is considered late if it is not paid within 5 days of the due date.
No written notice is required if the lease contains a statement that if rent isn’t paid within 5 days of the due date, the landlord will begin the eviction process.
Otherwise, once rent is past due, the landlord must provide a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days in order to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed (including any late fees) and the date it was due.
Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
14-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in South Carolina if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
South Carolina landlords are required to allow tenants to correct a lease violation, and must provide tenants with a 14-Day Notice to Comply, giving the tenant 14 days to correct the issue.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
As long as the tenant has begun correcting the issue within the 14-day notice period, even if they haven’t been able to fully comply before the 14 days are up, the eviction process will be stopped.
If the tenant fails to correct the issue or remains on the property after the notice period expires, the landlord may continue with the eviction process.
The eviction notice should include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation; or
- How long the tenant has to correct the violation(s).
Get the downloadable 14-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
14-Day Notice to Cure or Vacate (Material Health / Safety Violation)
A tenant can be evicted in South Carolina if they violate a health, building, safety, or housing code. In these instances, the landlord must provide the tenant with a 14-Day Notice to Comply, giving the tenant 14 days to correct the issue to avoid eviction.
Examples of material health and safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
If the tenant fails to correct the issue(s) and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include:
- The specific health and safety violation(s);
- What the tenant can do to remedy the violation; and
- How long the tenant has to correct the violation(s).
Get the downloadable 14-Day Eviction Notice for Material Health/Safety Violation form template below (.pdf direct link).
7/30-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of South Carolina, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice to vacate should include the date the tenancy will terminate.
Get the downloadable 7/30-Day Lease Termination Notice form template below (.pdf direct link).
What to Include in South Carolina Eviction Notices
The information required on a South Carolina eviction notice varies based on the type of notice and is covered under each notice type below. In addition, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in South Carolina
In the state of South Carolina, landlords can deliver an eviction notice through the following methods:
- Giving it to the tenant in person; or
- Mailing the notice to the tenant via registered/certified mail.
Eviction Process in South Carolina
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, Rule/Order to show Cause is requested and served.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Ejectment is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in South Carolina, click here.
Sources
- 1 SC Code §27-40-710 (2019)
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(B) If…the tenant fails to pay rent within five days from the date due…written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord’s obligation to provide notice under this section is satisfied…if the notice is contained in conspicuous language in a written rental agreement.
- 2 SC Code §27-40-240 (2019)
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(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.
- 3 SC Code §27-37-10 (2019)
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(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings…
- 4 SC Code §27-40-710 (2019)
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…if there is a noncompliance by the tenant with the rental agreement…the landlord may deliver written notice to the tenant specifying the acts and omissions…and that the rental agreement will terminate…not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days.
- 5 SC Code §27-40-720 (2019)
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(b) If there is noncompliance…materially affecting health and safety…and the tenant fails to comply…within fourteen days after written notice by the landlord…specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may terminate the rental agreement.
- 6 SC Code §27-40-770 (2019)
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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice…(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.