South Carolina Eviction Notice Templates (3)

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A South Carolina eviction notice is a document that a landlord will serve on a tenant to inform them that they are terminating the lease agreement. If the lease is being terminated due to non-payment of rent or a violation of the lease, the tenant may be given a period in which they can pay the amount owed or remedy the violation to remain on the premises.

South Carolina Eviction Notice Templates (3)

A South Carolina eviction notice is a document that a landlord will serve on a tenant to inform them that they are terminating the lease agreement. If the lease is being terminated due to non-payment of rent or a violation of the lease, the tenant may be given a period in which they can pay the amount owed or remedy the violation to remain on the premises.

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Last updated September 13th, 2024

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A South Carolina eviction notice is a document that a landlord will serve on a tenant to inform them that they are terminating the lease agreement. If the lease is being terminated due to non-payment of rent or a violation of the lease, the tenant may be given a period in which they can pay the amount owed or remedy the violation to remain on the premises.

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Eviction Notices: By Type (3)

5-Day Notice to Quit | Non-Payment – Used to inform a tenant that they have five days to pay owed rent or vacate the property.

 

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14-Day Notice to Quit | Non-Compliance – Notifies a tenant that they must remedy a violation within 14 days or vacate the property.

 

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30-Day Notice to Terminate | Month-to-Month Tenancy – Enables the landlord or tenant to terminate a month-to-month tenancy.

 

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Notice Requirements

  • Grace Period for Rent: Not mentioned in state statutes.
  • Non-Payment of Rent: 5 days.[1]
  • Non-Compliance: 14 days.[2]
  • Month-to-Month Lease Termination: 30 days.[3]

How to Evict a Tenant in South Carolina

Step 1 – Deliver Notice

A landlord may serve a notice to quit if a tenant fails to pay rent, violates the lease terms or their duties under the law, or if the tenancy has expired. A notice to quit can be served directly to the tenant, by mail, or affixed on the property.

Step 2 – File Application for Ejectment

If the tenant has not moved out or complied with the notice by the date provided, the landlord may begin the ejectment proceedings by filing an Application for Ejectment with the Magistrate Court that has jurisdiction over the property.

Step 3 – Magistrate Issues Rule

The court will issue a Summons, known as a Rule to Vacate or Show Cause, which gives the tenant 10 days to vacate or show cause for why they should be permitted to stay. The Rule may be served on the tenant by the sheriff, a deputy, or any person 18 years old (other than the landlord or their attorney).

If service fails after two attempts, the Rule will be posted on the premises and delivered by certified mail.

Step 4 – Trial

The tenant can contest the claims by filing an Answer to the Rule and requesting a hearing from the Magistrate Court within 10 days of receiving the Rule. During the trial, the parties will present their cases. If the court rules in the landlord’s favor, they will issue a Writ of Ejectment. A verdict in favor of the tenant allows them to remain on the property.

Step 5 – Writ of Ejectment

After the landlord wins the trial (or if the tenant does not request a hearing and loses by default), the Writ will be served on the tenant by a constable or deputy sheriff, requiring the tenant to vacate within 24 hours of service or be forcibly evicted.

If the tenant does not comply and continues to occupy the premises 24 hours after service, the officer will arrive at the premises and remove the tenant.

Step 6 – Appeal (Optional)

Either party is able to appeal the decision by the court via a Notice of Civil Appeal; however, if the tenant should do so, they will be required to post an appeal bond (the cost of which will be set by the magistrate). The bond must be posted within 5 days of the service of the notice of appeal.

Sources

  1. § 27-40-710(B)
  2. § 27-40-710(A)
  3. § 27-40-770(B)