Under S.C. Code § 27-40-710, a landlord may terminate for nonpayment if rent stays unpaid for 5 days after it is due and the landlord gives written notice. For other material lease breaches, the tenant must receive written notice and at least 14 days to cure before the lease can be terminated.
S.C. Code § 27-40-710 sets two main paths. For nonpayment, if "rent is unpaid when due and the tenant fails to pay rent within five days from the date due," the landlord may terminate after written notice of nonpayment and intent to terminate; a conspicuous lease provision warning of the 5-day rule can satisfy the notice requirement. For other material noncompliance, the landlord delivers written notice specifying the breach and stating the lease "will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days." After a valid notice, the landlord pursues eviction through the magistrate's court; self-help lockouts are prohibited, and only an officer acting on a court order may remove the tenant.
Self-help eviction, lockouts, or utility shutoffs are unlawful and expose the landlord to actual damages and other relief under the Act. A defective or premature notice does not support an eviction and may be challenged in the magistrate's court.
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