A South Carolina eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. South Carolina landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of South Carolina Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Unpaid Rent | Yes |
| 14 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 30 Day Notice To Vacate | No Lease | No |
South Carolina 5 Day Notice To Quit
A South Carolina 5 Day Notice To Quit evicts a tenant for nonpayment of rent. The tenant must pay all past due rent or else move out within five (5) judicial days.
With the appropriate specific language in the lease, the landlord does not necessarily need to serve notice after a late payment before beginning eviction proceedings in court. A special written statement in the lease that nonpayment of rent may lead to eviction is all the notice legally required.
South Carolina 14 Day Notice To Comply or Vacate
A South Carolina 14 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
Tenants must take appropriate corrective action or move out within fourteen (14) calendar days. If failure to comply with health and safety standards creates an emergency situation, the landlord may specify that the tenant’s immediate action is necessary.
South Carolina 30 Day Notice To Vacate
A South Carolina 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in South Carolina
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in South Carolina
The “clock” for most South Carolina eviction notice periods starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
In South Carolina, eviction notice periods of fewer than (7) days only count judicial days, i.e., the count does not include weekends or legal holidays.
How To Serve an Eviction Notice 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.
Sources
- 1 SC Code § 27-40-710(B)
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The landlord’s obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision: “IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit. “The presence of this provision in the rental agreement fully satisfies the “written notice” requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired.
Source Link - 2 South Carolina Judicial Court Rules of Civil Procedure - Rule 6
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Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a State or Federal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor such holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
Source Link - 3 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. - 4 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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