South Carolina requires three different notices depending on why the tenant is being evicted. For unpaid rent, written notice and five days to pay (S.C. Code § 27-40-710(B)), unless the written lease says in conspicuous language that nonpayment is itself the notice. For any other lease violation, a written notice describing the violation and giving fourteen days to cure it (§ 27-40-710(A)). To end a month-to-month tenancy, written notice at least thirty days before the termination date (§ 27-40-770), seven days for a week-to-week tenancy. A fixed-term lease that has ended needs no statutory notice. The notice must be in writing, must be delivered so you can prove it, and must be accurate, because an error in the amount, the dates or the names is the tenant’s best defense.
Which notice, for which situation
| Situation | Notice required | Statute |
|---|---|---|
| Rent unpaid | Written notice of nonpayment and intent to terminate, with five days to pay. A written lease that states in bold, conspicuous type that nonpayment constitutes notice satisfies this for the whole term. | § 27-40-710(B); § 27-37-10(B) |
| Any other lease violation: unauthorized occupants, pets, damage, nuisance, unsanitary conditions | Written notice specifying the acts or omissions and stating that the lease terminates on a date at least fourteen days after receipt unless the breach is cured. | § 27-40-710(A) |
| Ending a month-to-month tenancy for any reason or none | Written notice at least thirty days before the termination date stated in the notice. | § 27-40-770(b) |
| Ending a week-to-week tenancy | Written notice at least seven days before the termination date. | § 27-40-770(a) |
| Lease term has ended and the tenant stays | No statutory notice; the tenant is a holdover. Check the lease for automatic renewal language first. | § 27-40-770 |
The notice is the first step of the South Carolina eviction process; the Application for Ejectment, the Rule to Vacate or Show Cause and the writ follow it. Nothing below replaces reading your own lease, which can require more notice than the statute, never less.
The five-day notice for unpaid rent
Rent is due on the day the lease says. The Act lets the landlord terminate if the rent is not paid within five days after it is due, provided the tenant has been given written notice of the nonpayment and of the landlord’s intention to terminate. The lease clause most Lowcountry landlords use, printed in bold, says that nonpayment within five days of the due date is itself notice; with that clause, no separate letter is required and the application can be filed on the sixth day. Without the clause, or with no written lease at all, you must send this notice and wait the five days.
Sample wording. NOTICE OF NONPAYMENT OF RENT AND INTENT TO TERMINATE. To [every adult tenant by name], [address of the unit]. Rent of $[amount] for [period] was due on [date] and has not been paid. Under S.C. Code § 27-40-710(B), you have five (5) days from delivery of this notice to pay the full amount owed. If it is not paid within five days, your rental agreement will terminate and the landlord will apply to the magistrate court for ejectment. Delivered on [date] by [hand delivery / posting at the unit and first-class mail]. [Landlord or agent name, address, phone].
Name the exact amount of rent due, not a running total that includes late fees the lease does not authorize. Count the five days from the day the notice is delivered, not the day it was typed. Name every adult on the lease.
The fourteen-day notice to cure
For a breach other than rent, the Act requires a notice that specifies the acts and omissions constituting the breach and states that the rental agreement will terminate on a date not less than fourteen days after receipt if the breach is not remedied. If the tenant fixes the problem before that date, the tenancy continues. If the fix cannot be completed in fourteen days but is started and pursued in good faith, the lease does not terminate. Vague notices lose: “violation of lease” is not a specification; “an unauthorized adult has lived in the unit since October 1, in violation of paragraph 9” is.
Sample wording. NOTICE OF LEASE VIOLATION AND INTENT TO TERMINATE. To [tenant names], [address]. You are in violation of paragraph [number] of your rental agreement because [specific facts, with dates]. Under S.C. Code § 27-40-710(A), you have fourteen (14) days from receipt of this notice to correct the violation. If it is not corrected, your rental agreement will terminate on [a date at least fourteen days after the tenant receives the notice] and the landlord will apply to the magistrate court for ejectment. Delivered on [date] by [method]. [Landlord or agent name, address, phone].
The thirty-day notice that ends a month-to-month tenancy
No reason is required to end a periodic tenancy, only timing: the notice must be given at least thirty days before the termination date it names. Tie the termination date to the end of a rental period so there is no argument about prorated rent, and remember that the same rule binds the tenant who wants to leave. A tenant who stays past the date is a holdover, and a willful holdover can owe up to three months’ rent or twice the landlord’s actual damages plus attorney’s fees.
Sample wording. NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY. To [tenant names], [address]. Your month-to-month tenancy will terminate on [date at least thirty days after delivery, ideally the last day of a rental period]. Under S.C. Code § 27-40-770, this notice is given more than thirty days before that date. Please deliver possession of the premises and all keys by that date and provide a forwarding address for the return of your security deposit under § 27-40-410. Delivered on [date] by [method]. [Landlord or agent name, address, phone].
How to deliver a notice so the magistrate accepts it
- Hand it to the tenant when you can, and note the date, time and who was present.
- If no one is home, post it on the door and mail a copy by first-class mail the same day, keeping a photograph of the posted notice and a certificate of mailing.
- Keep a dated copy of every notice, the lease and the rent ledger; these three documents are the landlord’s case.
- Text messages and e-mail are useful as a record but risky as the only notice unless the lease expressly allows electronic notice. Paper first, text second.
- Dorchester County’s magistrates publish a Notice to Quit and an eviction packet on the county’s magistrate court page; the statewide forms are on the Judicial Branch’s forms site.
The mistakes we see from the bench
- Filing on day four because the rent was due “on the first” and the calendar was misread
- A notice that demands rent plus late fees, a returned-check charge and the water bill, when only rent was due
- A fourteen-day notice that names no cure period, or a termination date twelve days out
- Only one of two tenants named, so the writ does not cover the other
- No proof of delivery at all, which turns the hearing into a credibility contest the landlord often loses
If you are the tenant
Read the notice against the table above. A notice with the wrong amount, the wrong period or no delivery you can be shown is a defense to raise at the hearing, and you must request that hearing within ten days of being served with the Rule to Vacate. If the notice is correct and you can pay within the period, pay, get a dated receipt, and keep a copy of everything. If you are moving out, give a written forwarding address so the thirty-day clock on your security deposit starts.
Frost first: a landlord should have us read the lease and the notice before filing, and a tenant should call the day the rule is served. Both calls take ten minutes; a lost hearing costs a month. Details on our landlord-tenant page or call (843) 419-6653.
Written by Tara L. Frost, Attorney at Law · former Dorchester County Magistrate and Associate Probate Judge. Reviewed by Jack C. Frost.
Questions people ask
How much notice does a landlord have to give before evicting in South Carolina?
Five days for unpaid rent after written notice (or none, if the lease says in conspicuous type that nonpayment is notice), fourteen days to cure any other lease violation, and thirty days to end a month-to-month tenancy. A fixed-term lease that has ended needs no statutory notice.
Can an eviction notice be sent by text or e-mail in South Carolina?
The Act requires written notice and counts it as given when it is delivered. A text or e-mail is a useful record, but unless the lease expressly allows electronic notice, deliver it on paper by hand or by posting and mail, and keep proof.
Do I still need a five-day notice if my lease says nonpayment is notice?
No. A written lease that states in bold, conspicuous language that nonpayment within five days of the due date constitutes notice satisfies the requirement for the whole term. Without that clause, or without a written lease, send the notice and wait the five days.
Sources and further reading
Related pages
SC eviction process
Grounds, notices, the Application for Ejectment, the ten-day rule, the hearing, the writ and the timeline.
Learn moreLandlord-tenant
Evictions, tenant defense, security deposits and leases in the tri-county magistrate courts.
Learn moreSC security deposit law
The thirty-day return rule, the itemized statement, lawful deductions, the three-times penalty and how to enforce it.
Learn more