South Carolina eviction laws
Notices, deadlines, court and tenant rights in South Carolina — in plain English.
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Overview
- The court case
- Ejectment (Application for Ejectment / Rule to Vacate or Show Cause)
- Court
- Magistrate Court (Summary Court) for the county where the property is located
- Main laws
- S.C. Residential Landlord and Tenant Act, S.C. Code Ann. § 27-40-10 et seq. (esp. 27-40-710, 27-40-770); S.C. Code Ann. § 27-37-10 et seq. (ejectment)
Just-cause protection
No statewide law
South Carolina has no just-cause law. A month-to-month tenancy can be ended with 30 days' written notice and a fixed lease may be allowed to expire. (S.C. Code Ann. § 27-40-770)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — 5-Day Notice to Pay Rent or Quit
If rent is not paid within 5 days after it is due, the landlord may end the lease after giving written notice of nonpayment and intent to terminate if rent is not paid within 5 days. This notice need be given only once per tenancy, and a conspicuous (e.g. bold, capitalized) clause in a written lease can take the place of the notice.
5-Day Notice to Pay Rent or Quit
- Notice period
- 5 days
- Counting
- 5 calendar days after the notice is given (day given not counted). If the last day falls on a weekend or holiday, wait until the next business day to file.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and address
- Amount of rent unpaid
- Statement of the landlord's intention to terminate the rental agreement if the rent is not paid within 5 days
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Post it on the door. Hand delivery or mail; posting on the door is also commonly used. Keep proof of delivery.
- Law
- S.C. Code Ann. § 27-40-710(B)
- The notice is required only once per tenancy: after one notice has been given, or if the written lease contains a conspicuous notice clause, the landlord may file an Application for Ejectment as soon as rent is 5 days late.
- Accepting rent with knowledge of the default may waive the right to terminate for that default.
The tenant broke the lease or rules — 14-Day Notice to Cure or Quit (Noncompliance)
For a material breach of the lease or the tenant's duties, give a written 14-day notice describing the breach. If it can be fixed and the tenant fixes it within 14 days (or starts within 14 days and diligently completes it), the lease does not end.
14-Day Notice to Cure or Quit (Noncompliance)
- Notice period
- 14 days
- Counting
- Termination date at least 14 calendar days after the tenant receives the notice.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and address
- The acts and omissions that are the breach
- Statement that the rental agreement will terminate on a date at least 14 days after receipt unless the breach is remedied
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Post it on the door. Hand delivery or mail with proof; the period runs from receipt.
- Law
- S.C. Code Ann. § 27-40-710(A)
- Double-check with the court: A repeat of substantially the same breach within the lease term may allow a 14-day notice without a chance to cure; confirm current § 27-40-710(A) text.
The lease ended and the tenant stayed — no notice required
A fixed-term lease ends on its end date. State law requires no separate notice unless the lease does. If the tenant stays after the end date, the landlord may apply for ejectment.
- Check the lease for a required non-renewal notice; accepting rent after the end date can create a month-to-month tenancy that needs 30 days' notice.
Ending a month-to-month tenancy (no fault) — 30-Day Notice to Terminate Tenancy
A month-to-month tenancy is ended with written notice at least 30 days before the termination date; a week-to-week tenancy with 7 days' notice.
30-Day Notice to Terminate Tenancy
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days)
- Counting
- Give at least 30 calendar days before the termination date stated in the notice.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and address
- Statement that the tenancy ends on a stated date
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Post it on the door. Written notice by hand delivery or mail with proof.
- Law
- S.C. Code Ann. § 27-40-770
Illegal activity, violence or serious damage — Notice of Termination (Violation of § 27-40-540)
If the tenant violates the duty not to disturb others or commits illegal acts on the premises (§ 27-40-540), the landlord may terminate after written notice. The statute groups this with nonpayment, allowing termination on short (5-day) written notice.
Notice of Termination (Violation of § 27-40-540)
- Notice period
- 5 days
- Counting
- 5 calendar days after the notice is given (day given not counted).
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and address
- Description of the conduct violating § 27-40-540 (e.g., illegal activity, disturbing neighbors) and when it occurred
- Statement of the landlord's intention to terminate the rental agreement
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Post it on the door. Hand delivery preferred; keep proof of delivery.
- Law
- S.C. Code Ann. §§ 27-40-710(B), 27-40-540
- Double-check with the court: The exact notice period and whether any cure is allowed for § 27-40-540 violations; some magistrates require the 14-day noncompliance notice for conduct not clearly criminal.
How a tenant responds
After the landlord files, the magistrate issues a Rule to Vacate or Show Cause. The tenant has 10 days after service to request a hearing (in writing or in person at the magistrate's office). If the tenant does not request a hearing within 10 days, the court may issue a Writ of Ejectment. Paying all rent and costs before the writ is executed may stop the eviction in nonpayment cases.
Deadline: 10 days after being served · S.C. Code Ann. §§ 27-37-20, 27-37-30
City and local rules
- No South Carolina city adds eviction notice requirements; state law bars local rent control.
Official court forms
Landlords
- SCCA 732 — Application for Ejectment (Eviction)
- SCCA 733A — Rule to Vacate or Show Cause
Sources
- S.C. Code Title 27 Chapter 40
- S.C. Code Title 27 Chapter 37 (Ejectment)
- SC Judicial Branch - Magistrate Court landlord/tenant
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.