South Carolina Statewide Rule
South Carolina Eviction Notice Requirements
Key Facts
- Nonpayment notice
- 5 days after rent due (§ 27-40-710)
- Lease-breach cure
- 14 days to remedy
- Notice form
- Written notice required
- Court process
- Magistrate's court eviction
- Self-help
- Prohibited
Summary
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.
SECTION 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant's personal property. (A) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days. The rental agreement terminates as provided in the notice except that: (1) if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach before the date specified in the notice, or (2) if the remedy cannot be completed within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time, the rental agreement may not terminate by reason of the breach.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How long is the eviction notice for nonpayment in South Carolina?
How much time does a South Carolina tenant get to fix a lease violation?
Sources
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