- Eviction Notice for Nonpayment of Rent – 5 Day Notice to Pay Rent [.pdf] (read more)
- Eviction Notice for Non-Compliance – 14 Day Notice to Comply [.pdf] (read more)
- Lease Termination Notice for Tenants at Will – 30 Day Notice to Quit [.pdf] (read more)
- Eviction Notice for Illegal Activity – Unconditional Notice to Quit (read more)
A South Carolina eviction notice form for nonpayment of rent is a written document that states a tenant has five days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other grounds for eviction in South Carolina.
Read further to learn about what information is required on an eviction notice for it to be valid, legally acceptable ways of delivering notices and types of notices for all possible grounds for eviction.
Information Required for all South Carolina Eviction Notices
Under South Carolina law, a landlord is expected to provide some basic information on all eviction notices, including :
- The date of the notice
- The reason the tenant is receiving the notice
- How long the tenant has to remedy the issue
- A request for the tenant to correct the issue
While not directly spelled out in South Carolina state law, it’s also a good idea to include:
- The name and contact information of the landlord or the landlord’s agent/representative
- The name and contact information of the person being evicted
- The date and signature of the landlord or landlord’s agent
The landlord should also get the tenant’s signature certifying they received the eviction notice, if the notice was hand delivered.
In addition, the landlord should hold onto the receipt number if the notice was delivered by certified mail.
Acceptable Ways of Delivering Eviction Notices
According to South Carolina court rules, a landlord is only required to “deliver” the written eviction notice to the tenant. This can be done by:
- Giving it to the tenant in person
- Giving it to someone residing at the tenant’s address (in person)
- Giving it to the tenant’s attorney (in person)
- Leaving the notice at the tenant’s workplace with someone who’s “in charge”
- Mailing it to the tenant’s last known address via certified mail
- Hiring a process server to deliver the notice
While certified mail is one requirement under South Carolina law, it’s not the only approved method for delivering the notice to the tenant. In addition, if the tenant refuses to accept the notice sent via certified mail, or the notice is returned, the landlord still has the option of delivering the notice in one of the other ways noted above.
The landlord could also have the option of service through publication (placing a notice in the newspaper) if the landlord can show that they’ve tried other methods without success.
Types of Eviction Notices
Each possible ground for eviction has its own process and notice requirements.
Notice for Nonpayment of Rent: 5 Day Notice to Pay Rent
In order to evict a tenant for nonpayment of rent, a South Carolina landlord must first give the tenant a 5-Day Notice to Pay . This gives the tenant an opportunity to pay the amount owed before any further action is taken. If the tenant fails to pay the rent in full within that time period, the landlord may file for eviction.
However, the landlord is not required to give a 5-Day Notice to Pay if the written lease/rental agreement states that there will be no notice given for past-due rent .
Any 5-Day Notice for Failure to Pay Rent should include the total amount owed and the date it was due. The landlord may also charge late fees, but only if these have been set forth in the rental/lease agreement.
It’s possible that the court may choose to prorate any late fees, so the amount due per day along with the number of days calculated can also be included on the notice.
This eviction notice should also inform the tenant of the landlord’s right to file an eviction action with the court. In the state of South Carolina, a tenant can avoid being evicted by paying the total amount owed within five days of receiving the notice.
Get the downloadable 5-Day Notice to Pay Rent form template below (.pdf direct link).
Eviction Notice for Non-Compliance: 14-Day Notice to Comply
When a tenant has violated the terms of a rental agreement/lease (except for nonpayment of rent), a South Carolina landlord must give the tenant written notice stating what parts of the lease were violated, and give the tenant 14 days to correct the issue .
Non-compliance can either be a breach of the terms of the rental agreement or a health or safety violation . We look at each in more detail below.
Breach of Rental Agreement/Lease
For non-compliance related to the terms of the rental agreement, the landlord is not allowed to evict the tenant if 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 tenant must fully comply within a “reasonable” period, however.
This type of eviction does not apply to illegal activity or nonpayment of rent.
If the tenant has violated a term of the lease agreement that affects the safety and/or health of themselves or other tenants, and the tenant has created an emergency situation, they must correct the violation as quickly as possible under the circumstances.
Otherwise, tenants must correct the issue within 14 days of receiving written notice from their landlord.
The notice must include what the tenant has done to affect the health and safety of themselves or others, and ask the tenant to correct the issue, in addition to stating that the tenant has 14 days to make any corrections.
Get the downloadable 14-Day Notice to Comply form template below (.pdf direct link).
Lease Termination Notice for Tenants at Will: 7- or 30-Day Notice
If the lease term ends, but the tenant refuses to move out, South Carolina landlords must give written notice to the tenant that they need to vacate the rental unit.
For tenants paying rent weekly, the landlord is required to give 7 days’ notice informing the tenant that they have overstayed the lease terms and must move out.
In all other situations, the landlord is required to give their tenant 30 days’ notice .
Get the downloadable 30-Day Notice to Quit form template below (.pdf direct link).
Eviction Notice For Illegal Activity
If tenants participate in illegal activity in the rental unit or on rental property grounds, under South Carolina law, the landlord can evict the tenant ,. In this situation, tenants don’t have the option of correcting the issue in order to avoid eviction.
The eviction notice should state what the tenant did to violate the lease/rental agreement.