The South Carolina thirty (30) day notice to terminate, as written in Section 27-40-770, must be served on a month-to-month tenant before the landlord can terminate the rental agreement. The notice provides the tenant with 30 days to fully vacate the rental property. If the tenant fails to move out within the 30 day time period, the landlord can file an eviction lawsuit in court. The eviction lawsuit is known in South Carolina as an “ejectment action,” and is filed in the local District Office. Note: The landlord cannot terminate the lease agreement in discrimination or retaliation of the tenant. Download/Print
South Carolina Eviction Process & Laws | Free SC Eviction Notices
The South Carolina fourteen (14) day notice to comply or quit, as referenced in Section 27-40-710(A), is required to be served on a tenant who has violated the lease/rental agreement (or any of the South Carolina landlord-tenant laws). The landlord must serve this notice to the tenant before filing an eviction suit (otherwise known as an “ejectment action”) in court. The tenant must be given the full 14 days to remedy the violation(s). After the 14 day period has expired (and the tenant has not complied with the notice), the landlord can file the ejectment action in the local District
The South Carolina five (5) day notice to pay or quit, according to Section 27-40-710(B), is to be served on a tenant who has failed to pay rent. The notice informs the tenant that they have five (5) days to pay the past due amount of rent or vacate the rental property. If the tenant does not pay the rent within the five day period, the landlord can file an ejectment action (i.e. “eviction lawsuit”) in the District Office of the county where the rental property is located. Note: If the lease agreement has the five day notice included in it,
How to Evict a Tenant (Process)
Evicting a tenant in South Carolina begins with the landlord serving the tenant a written eviction notice. The landlord can evict a tenant for nonpayment of rent, breach of the lease agreement, or failure to vacate after the lease term has expired. There are three primary types of notices: the five (5) day notice to pay, the 14 day notice to comply, and the 30 day (month-to-month) termination notice. “Self-help” evictions are illegal in South Carolina, the landlord cannot evict you with obtaining a court order.
Step 1 – Serve the tenant with the proper type of notice. Allow the tenant the full time frame of the notice period to pay rent, cure the violation(s), or vacate the unit.
Step 2 – If the tenant has failed to comply with the demands stated in the notice, file an eviction action (known in South Carolina as an “ejectment action”) in the court of the county where the rental property is located. After filing the ejectment action, the court will issue a “Rule to Show Cause.” The tenant must be served the Rule to Show Cause, and once served, they must provide an answer (filed in court) at least 10 days before the date of the hearing.
Note: The filing fee is typically $40. If the tenant does not file an answer, a default judgement will most likely be issued against them.
Step 3 – If a judgement is made in favor of the landlord, a “Writ of Ejectment” will be issued, and the tenant will be ordered to vacate the premises of the rental property. The Writ will be served by the Sheriff (no more than five days after the judgement has been made), and the tenant will have 24 hours to vacate the rental unit. After 24 hours have passed, the Sheriff will return to the property and physically evict the tenant (if necessary).