South Carolina Statewide Rule
South Carolina Lease Termination Notice
Key Facts
- Month-to-month notice
- At least 30 days (§ 27-40-770)
- Week-to-week notice
- At least 7 days
- Fixed-term lease
- Expires at end of term
- Notice form
- Written notice required
Summary
Under S.C. Code § 27-40-770, either the landlord or tenant may end a month-to-month tenancy by giving the other at least 30 days' written notice before the termination date. A week-to-week tenancy requires at least 7 days' written notice. A fixed-term lease simply expires at the end of its stated term.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.
Full Breakdown
S.C. Code § 27-40-770 governs ending a periodic tenancy without cause. For a month-to-month tenancy, "the landlord or the tenant may terminate [the tenancy] by a written notice given to the other at least thirty days before the termination date specified in the notice." For a week-to-week tenancy, the notice period is at least seven days before the specified termination date. These no-cause notice periods are separate from the eviction process used for nonpayment of rent or other breach, which follows § 27-40-710. A fixed-term lease ends automatically at the close of its stated term unless the parties renew it or it converts to a periodic tenancy, in which case the § 27-40-770 notice rules then apply.
Violations & Penalties
No specific statutory penalty. A termination with less than the required notice is ineffective, and the tenancy continues until a proper § 27-40-770 notice period has run.
Frequently Asked Questions
How much notice ends a month-to-month lease in South Carolina?
Does a fixed-term lease need termination notice in South Carolina?
Sources
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