A South Carolina eviction notice is a legal document that landlords use to start the eviction process and request that a tenant vacate their rental property.
The purpose of the eviction notice in South Carolina is to give the tenant a formal warning that they must either comply with the terms of their lease or vacate the property.
There can be curable and incurable lease violations. A curable violation is when the tenant has violated a lease provision that can be remedied, such as failing to pay rent or violating a pet policy. A non-curable is when the tenant has violated a lease provision that cannot be remedied, such as engaging in criminal activity.
Types of Eviction Notices in South Carolina
Notice to Pay Rent or Quit
The landlord can terminate the lease if the tenant fails to pay rent within five days of the due date. The landlord must state their intention to terminate the lease if the tenant fails to pay within five days.
When the breach of the lease agreement pertains to health, safety, or property conditions, the landlord can provide tenants with an eviction notice. An eviction notice should outline the exact violations and notify tenants that the rental agreement will conclude on a specified date.
If the breach remains unresolved, this date should be at least 14 days after the tenant receives the notice. The rental agreement may not terminate if the tenant adequately remedies the breach before the specified date.
Landlords can terminate week-to-week tenancies by providing tenants with written notice of the lease termination and a notice period for eviction that cannot be less than seven days from the termination date specified in the notice.
If landlords wish to terminate month-to-month tenancies, they can do so by providing an eviction notice to tenants stating the termination date of the lease and specifying a notice period for eviction that can be no less than 30 days from the date specified in the notice as the termination date of the lease.
Eviction Laws and Requirements in South Carolina
Laws & Requirements
Rent Grace Period. Tenants in South Carolina are allowed a grace period of 5 days after the rent is due. (§27-40-710(B))
Non-Payment of Rent. In the event of non-payment of rent in accordance with the lease agreement and after the expiration of the grace period, tenants may be notified by an eviction notice to vacate the rental property.
Non-Compliance. If tenants breach the lease by causing damage or endangering the property, they will have 14 days from the date of the eviction notice to fix the issue or leave the property. (§27-40-710(A))
Periodic tenancies. If a weekly or monthly tenancy is agreed upon, the notice period for eviction will differ. For weekly tenancies, it is seven days, and for monthly tenancies, it is 30 days. (§27-40-770(a)(b))
When is Rent Late in South Carolina?
In South Carolina, the date that rent is due is usually written in the lease agreement between the landlord and tenant. On the other hand, the tenant may pay the rent within five days from the date when their obligation to pay the rent is due and avoid eviction.
Grounds for Eviction in South Carolina
The most common reasons for initiating eviction proceedings in South Carolina are the following:
Grounds for Eviction
When a tenant fails to pay rent by the due date or within the allowed grace period.
Violation of the lease that affects the safety and health of people on the property or the physical condition of the rented property.
Undertaking criminal and other illegal actions on rented property.
Eviction Process in South Carolina
The eviction process in South Carolina is a legal process that landlords must follow to legally remove a tenant from their rental property and includes the following steps:
#1. Write a Notice
The first step in the eviction process requires the landlord to serve the tenant with an eviction notice, which informs them of the reason for eviction and the deadline by which they can remedy the violation and avoid the eviction, depending on the lease violation.
#2. File the Complaint
Only if the tenant fails to comply with the eviction notice and remedy the breach can the landlord file a complaint with the court. The complaint must include the reason for the eviction, evidence that the eviction notice was delivered to the tenant, and proof that the tenant failed to remedy the lease agreement breach.
#3. Serve the Tenant
After filing the complaint, the tenant must be served with a copy of the complaint and a summons to appear in court. This step is mandatory because the tenant has the right to respond to the landlord's complaint within ten days and present arguments and evidence to contest the claim that they breached the lease agreement.
#4. Wait for the Court’s Judgment
Once the complaint has been filed and served, the court will set a hearing date. The landlord and tenant will have the opportunity to present their cases, and the court will make a final judgment on the eviction.
If the landlord is successful, the court will issue a writ of ejectment, allowing the landlord to remove the tenant from the property.
Other Eviction-Related Forms in South Carolina
Alongside the eviction notice, the parties involved in the eviction process use other forms, specifically:
Other Eviction-Related Forms
Application for Ejectment. It is used by a landlord (the plaintiff) to seek eviction of their tenant (the defendant) from the premises described in the form, which may be an apartment, house, or other rental property.
Affidavit and Itemization of Accounts. This form is filled out by a plaintiff in a civil case to provide a sworn statement that the itemized accounts listed on the form are true and correct and that they have not been paid or satisfied in any way.
Rule to Vacate or Show Cause. This form is used to inform tenants that if they do not schedule a hearing within ten days to present evidence as to why they should not be evicted or if they do not vacate the premises, the landlord may obtain a writ of ejectment for their eviction.
Writ of Ejectment. A court order to a law enforcement officer to remove a person from a property if that person does not leave voluntarily within 24 hours.
Eviction Information for Landlords in South Carolina
Landlords have the right to initiate the eviction process if they believe that the tenant is violating certain provisions of the lease, such as non-payment of rent, causing damage to the leased property, or other types of breaches.
The eviction process involves a legal process that does not involve the use of force, such as changing the locks and evicting the tenant.
There is a procedure that starts with notifying the tenant that there is a breach of the lease and allowing them a period in which to remedy the issue if it is a curable offense or to vacate the property.
The process can escalate to a court proceeding if the tenant presents evidence that they did not violate the lease.
Eviction Information for Tenants in South Carolina
The tenant, besides their right to rent a habitable space for living, has an obligation to both the landlord and the property, which includes paying rent to the landlord, maintaining the property, and not causing damage or breaching the lease in any way.
They have the right to be notified within the time frame set by law about the termination of the lease and the reason for their eviction. They also have the right to protect their rights in a court proceeding if they believe that there has been no breach of the lease.
They can do this by presenting evidence within ten days of receiving the notice if they believe that they are not at fault.
How to Write an Eviction Notice in South Carolina
South Carolina Eviction Notice Checklist
South Carolina Eviction Notice FAQ
In South Carolina, landlords can file an eviction notice when the tenant violates the lease agreement, such as by failing to pay rent or not complying with the lease.
You need an eviction notice in South Carolina because it's a legal document communicating the landlord's intent to evict the tenant from the rental property. It is a necessary step in the eviction process and is required by law in South Carolina.
The time it takes to evict someone in South Carolina varies based on the specifics of the eviction situation. If the tenant disputes the eviction, the process could extend for several weeks or months. However, if the tenant doesn't contest the removal, it might be concluded in a few weeks.
No, a 3-day eviction notice is not legal in South Carolina. Landlords must provide tenants with a minimum of 5 days' notice (in the case of non-payment of rent) to remedy the lease violation or vacate the premises before filing for eviction.