AI South Carolina Eviction Notice

A South Carolina eviction notice is the mandatory written demand a landlord must serve on a tenant before filing a Summary Ejectment action in Magistrate's Court. The notice type, cure period, and exact language must match the statutory ground, serving the wrong notice or omitting required elements is the most common reason a Summary Ejectment case fails at the threshold stage.

Select the correct notice type below, complete all [[merge fields]], sign, serve by a permitted method, and complete the Proof of Service. Do not file in Magistrate's Court until the notice period has run without compliance., -

NOTICE-TYPE SELECTOR

> Critical rule on rent-only demands: Under South Carolina law, a 5-Day Pay-or-Quit notice may demand only past-due rent, not late fees, utility charges, damage amounts, attorney fees, or other charges. Including non-rent amounts in the dollar demand can render the notice defective. Demand those amounts separately or in the subsequent court filing., -

NOTICE TYPE A, 5-Day Notice to Pay Rent or Quit *(Nonpayment of Rent, S.C. Code Ann. § 27-40-710(B))*, -

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Property Street Address]], [[City]], South Carolina [[ZIP Code]]
(the "Premises")

FROM: [[Landlord / Authorized Agent Full Name]]
[[Landlord Mailing Address]]
[[Landlord City, State, ZIP]]
[[Landlord Phone Number]]

DATE OF NOTICE: [[Date of Notice]], -

NOTICE TO PAY RENT OR VACATE THE PREMISES *(Pursuant to S.C. Code Ann. § 27-40-710(B))*

You are hereby notified that you are in default under your rental agreement dated [[Lease Agreement Date]] for the Premises described above, by reason of your failure to pay rent when due. The following rent is currently past due and unpaid:

> Landlord note: Enter only unpaid rent in the table above. Do not include late charges, utility arrears, damage costs, or any amount other than past-due base rent. Adding non-rent sums to this notice can invalidate it under South Carolina law.

WITHIN FIVE (5) DAYS after receipt of this notice, you must either:

1. PAY IN FULL the total past-due rent of $[[Total Rent Owed]], together with any additional rent that accrues during the five-day period, delivered to [[Landlord / Agent Name]] at [[Payment Address or Accepted Payment Method]]; OR

2. VACATE AND SURRENDER possession of the Premises in a clean and undamaged condition, returning all keys, fobs, and access devices to [[Landlord / Agent Name]] at [[Key Return Location / Address]].

The five (5) day period begins upon your receipt of this notice and expires at 11:59 p.m. on [[Expiration Date, 5 days from receipt]]. Time is of the essence. If you tendered a partial payment, that payment does not cure this notice and does not reinstate your tenancy unless your landlord expressly accepts it as a full cure in writing.

If you neither pay the full amount owed nor vacate within this five-day period, your landlord will commence a Summary Ejectment action against you in the Magistrate's Court for [[County]] County, South Carolina, to recover possession of the Premises, all unpaid rent, court costs, and such other relief as the court allows. An eviction judgment may appear on tenant-screening reports and affect your ability to rent future housing.

This notice does not constitute a waiver of any prior breach, any past-due obligation, or any right of your landlord under the rental agreement or applicable South Carolina law. Acceptance of any partial payment after this notice is served does not waive the landlord's right to proceed unless the landlord agrees in writing.

LANDLORD / AUTHORIZED AGENT:

Signature: ___________________________________
Printed Name: [[Landlord / Agent Printed Name]]
Title/Capacity: [[Owner | Property Manager | Authorized Agent]]
Date Signed: [[Date Signed]], -

NOTICE TYPE B, 14-Day Notice to Remedy or Quit *(Material Noncompliance, First Occurrence, S.C. Code Ann. § 27-40-710(A))*, -

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Property Street Address]], [[City]], South Carolina [[ZIP Code]]

FROM: [[Landlord / Authorized Agent Full Name]]
[[Landlord Mailing Address]]

DATE OF NOTICE: [[Date of Notice]], -

NOTICE OF MATERIAL NONCOMPLIANCE, REMEDY OR QUIT *(Pursuant to S.C. Code Ann. § 27-40-710(A))*

You are hereby notified that you are in material noncompliance with the terms of the rental agreement dated [[Lease Agreement Date]] for the Premises described above, or in noncompliance with S.C. Code Ann. § 27-40-510 in a manner that materially affects health and safety.

Specific act(s) or omission(s) constituting the breach:

[[Describe the violation in specific, factual detail, e.g., "You have maintained unauthorized pets on the Premises in violation of Section _ of the Lease Agreement, which expressly prohibits animals without prior written consent" / "You have caused or allowed substantial damage to the Premises, specifically: [[describe damage in detail, e.g., holes in drywall, broken cabinetry, damaged flooring]]" / "You are harboring one or more unauthorized occupants, namely [[name(s)]], who are not listed on the Lease Agreement and for whom no written approval has been obtained" / "You have created a nuisance by [[describe conduct]] in violation of Section _ of the Lease Agreement and S.C. Code Ann. § 27-40-510."]]

Pursuant to S.C. Code Ann. § 27-40-710(A), your rental agreement will TERMINATE on [[Termination Date, 14 days after receipt of this notice]] UNLESS you fully remedy the breach described above within FOURTEEN (14) DAYS after receipt of this notice.

To remedy the breach, you must:
[[Describe in specific, actionable terms what the tenant must do, e.g., "Remove all unauthorized animals from the Premises by [[Cure Deadline, 14 days from receipt]] and provide the landlord with written confirmation that all animals have been removed" / "Repair or engage a licensed contractor at your expense to repair all damaged areas identified above; provide the landlord with written proof of completed repairs no later than [[Cure Deadline]]" / "Remove the unauthorized occupant(s) [[name(s)]] from the Premises by [[Cure Deadline]] and certify in writing that only the listed lessees reside there."]]

If you fully remedy the breach within the fourteen (14) day period, this notice is withdrawn and your tenancy continues. If you fail to remedy within that period, your rental agreement is terminated on [[Termination Date]], and you must vacate and surrender possession of the Premises on or before that date.

If you vacate by [[Termination Date]], no Summary Ejectment action will be filed for this breach alone. If you remain in possession after [[Termination Date]] without curing, your landlord will file a Summary Ejectment action in Magistrate's Court for [[County]] County to recover possession and all damages allowed by law.

LANDLORD / AUTHORIZED AGENT:

Signature: ___________________________________
Printed Name: [[Landlord / Agent Printed Name]]
Title/Capacity: [[Owner | Property Manager | Authorized Agent]]
Date Signed: [[Date Signed]], -

NOTICE TYPE C, 14-Day Unconditional Quit Notice *(Repeat Material Violation, No Right to Cure, S.C. Code Ann. § 27-40-710(A))*, -

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Property Street Address]], [[City]], South Carolina [[ZIP Code]]

FROM: [[Landlord / Authorized Agent Full Name]]
DATE OF NOTICE: [[Date of Notice]], -

NOTICE OF TERMINATION, UNCONDITIONAL QUIT *(Pursuant to S.C. Code Ann. § 27-40-710(A))*

You are hereby notified that your rental agreement for the Premises described above is TERMINATED, effective fourteen (14) days after your receipt of this notice.

This notice is issued because you have committed the same act or omission, or a substantially similar act or omission, within six (6) months of a previous noncompliance for which you received written notice. Under S.C. Code Ann. § 27-40-710(A), where a tenant repeats the same or a substantially similar breach within six months of a prior written notice for that type of breach, the landlord may terminate the rental agreement without affording an additional opportunity to remedy.

Prior notice and violation:
On [[Date of Prior Notice]], your landlord served you a written notice of material noncompliance regarding: [[describe prior violation, e.g., "unauthorized animals on the Premises"]]. You were given an opportunity to cure at that time.

Current/repeat violation:
On or about [[Date of Current Violation]], you committed the same or a substantially similar act or omission, specifically: [[describe current violation in detail, e.g., "You have again maintained unauthorized animals on the Premises in violation of the lease agreement, specifically [[describe]]."]].

YOU ARE REQUIRED TO VACATE AND SURRENDER possession of the Premises, including all keys, fobs, mailbox keys, parking permits, and access devices, on or before [[Termination Date, 14 days after receipt of this notice]]. There is no right to cure this notice.

If you remain in possession of the Premises after [[Termination Date]], your landlord will immediately commence a Summary Ejectment action in Magistrate's Court for [[County]] County, South Carolina, to recover possession, unpaid rent, damages, and all other available relief.

LANDLORD / AUTHORIZED AGENT:

Signature: ___________________________________
Printed Name: [[Landlord / Agent Printed Name]]
Title/Capacity: [[Owner | Property Manager | Authorized Agent]]
Date Signed: [[Date Signed]], -

NOTICE TYPE D, 30-Day Notice of Termination (Month-to-Month Tenancy) *(No Cause Required, S.C. Code Ann. § 27-40-770(B))*, -

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Property Street Address]], [[City]], South Carolina [[ZIP Code]]

FROM: [[Landlord / Authorized Agent Full Name]]
DATE OF NOTICE: [[Date of Notice]], -

NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY *(Pursuant to S.C. Code Ann. § 27-40-770(B))*

You are hereby notified that your month-to-month tenancy at the above-described Premises is TERMINATED, effective on [[Termination Date, at least 30 days from the date of this notice, aligned to the last day of a rental period where possible]].

Your tenancy will end on [[Termination Date]]. On or before that date, you must vacate the Premises and surrender it in a clean and undamaged condition, returning all keys, fobs, mailbox keys, parking permits, garage remotes, and all other access devices to [[Landlord / Agent Name]] at [[Return Location / Address]].

This notice is served pursuant to S.C. Code Ann. § 27-40-770(B). No specific cause for termination is required for a month-to-month tenancy. Your security deposit, if any, will be handled and returned in accordance with S.C. Code Ann. § 27-40-410 within thirty (30) days following your departure and the landlord's inspection of the Premises.

If you do not vacate by [[Termination Date]], your landlord will file a Summary Ejectment action in Magistrate's Court for [[County]] County, South Carolina.

LANDLORD / AUTHORIZED AGENT:

Signature: ___________________________________
Printed Name: [[Landlord / Agent Printed Name]]
Title/Capacity: [[Owner | Property Manager | Authorized Agent]]
Date Signed: [[Date Signed]], -

NOTICE TYPE E, 7-Day Notice of Termination (Week-to-Week Tenancy) *(No Cause Required, S.C. Code Ann. § 27-40-770(A))*, -

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Property Street Address]], [[City]], South Carolina [[ZIP Code]]

FROM: [[Landlord / Authorized Agent Full Name]]
DATE OF NOTICE: [[Date of Notice]], -

NOTICE OF TERMINATION OF WEEK-TO-WEEK TENANCY *(Pursuant to S.C. Code Ann. § 27-40-770(A))*

You are hereby notified that your week-to-week tenancy at the above-described Premises is TERMINATED, effective on [[Termination Date, at least 7 days from the date of this notice]].

Your tenancy will end on [[Termination Date]]. You must vacate the Premises and surrender possession in clean and undamaged condition, returning all keys and access devices to [[Landlord / Agent Name]] at [[Return Location]] on or before that date.

This notice is served pursuant to S.C. Code Ann. § 27-40-770(A). If you do not vacate by [[Termination Date]], your landlord will file a Summary Ejectment action in Magistrate's Court.

LANDLORD / AUTHORIZED AGENT:

Signature: ___________________________________
Printed Name: [[Landlord / Agent Printed Name]]
Title/Capacity: [[Owner | Property Manager | Authorized Agent]]
Date Signed: [[Date Signed]], -

PROOF OF SERVICE

I, [[Server's Full Name]], certify that on [[Date of Service]], I served the foregoing [[Notice Type, e.g., "5-Day Notice to Pay Rent or Quit"]] on the tenant(s) named above by the following method (check one and complete):

- [ ] Personal (Hand) Delivery, I delivered the notice by handing it directly to [[Tenant Name Served]] in person at the Premises or at another location.
*(This is the most effective and preferred method. Effective immediately upon delivery.)*

- [ ] Delivery to Household Member, I was unable to serve the tenant directly and instead delivered the notice to [[Name and Description of Person, e.g., "adult co-occupant, Jane Smith, female, approximately 35 years of age"]], a member of the tenant's household of apparently suitable age and discretion, at the Premises.
*(Under S.C. Code Ann. § 27-40-910(a)(2), notice may be given to a member of the tenant's household. Consider also mailing a copy for evidence purposes.)*

- [ ] First-Class Mail, Because I was unable to hand-deliver the notice, I deposited a copy of the notice in the United States mail, first-class postage prepaid, addressed to the tenant at:
[[Tenant Mailing Address, typically the Premises address]]
on [[Date Mailed]].
*(Under S.C. Code Ann. § 27-40-910(a)(3), mailed notice is deemed given when tendered to the postal service. When mailing, allow additional time for receipt; courts may count receipt from delivery, not mailing. Retain your certificate of mailing or the mailing receipt.)*

• [ ] Combined Substituted Service and Mail, I: (1) left the notice with [[Name/Description of household member or person at the door]] at the Premises; and (2) also mailed a copy by first-class mail, postage prepaid, to the Premises on [[Date Mailed]].

Details of Service:

Date of Service / Mailing: [[Date of Service]]
Time of Service: [[Time of Service, e.g., 2:30 p.m.]]
Address Where Served: [[Property Street Address]], [[City]], South Carolina [[ZIP Code]]

Documents Served: [[List documents, e.g., "5-Day Notice to Pay Rent or Quit (2 pages)"]]

Server's Signature: ___________________________________
Server's Printed Name: [[Server's Printed Name]]
Server's Address: [[Server's Address]]
Server's Phone: [[Server's Phone Number]]

*If the landlord or property manager personally served the notice, the landlord/manager completes this block. If a third party (process server, employee, adult family member) served the notice, that person completes this block.*, -

NOTICE-PERIOD AND DATE CALCULATION GUIDE

South Carolina day-counting rule: The day of service (or mailing) is Day 0; the period begins on Day 1. For mailed notices, courts may not count the day of mailing, allow additional time and retain your mailing receipt. If the last day of the notice period falls on a Sunday or state/federal holiday, consult the Magistrate's Court to confirm whether the period extends.

Partial payments after service: Accepting any payment after serving a Pay-or-Quit notice can complicate or waive the notice. If a tenant tenders a partial payment, consult an attorney before accepting it, acceptance without written reservation of rights may be construed as reinstating the tenancy and invalidating the notice.

Filing a Summary Ejectment: After the notice period expires without compliance, file a Complaint for Summary Ejectment (Form SCCA 4401) in the Magistrate's Court for the county where the Premises is located. Attach a copy of the notice and the completed Proof of Service to the complaint. A hearing is generally scheduled within 10 days. The landlord must appear at the hearing; failure to appear typically results in dismissal., -

STATUTORY SUMMARY (South Carolina RLTA, as of June 2026)

LANDLORD'S PRE-FILING CHECKLIST

Before filing a Summary Ejectment action in South Carolina Magistrate's Court, verify:

• [ ] The correct notice type was selected for the specific ground (pay-or-quit for nonpayment; remedy-or-quit for lease breach; unconditional quit for repeat breach; no-cause for tenancy termination).
• [ ] The notice was served by a permitted method under S.C. Code Ann. § 27-40-910(a), and the Proof of Service section above is fully completed.
• [ ] The full notice period has run from the date of receipt (5, 7, 14, or 30 days as applicable) without the tenant paying, curing, or vacating.
• [ ] The dollar amount demanded in a Pay-or-Quit notice contains only past-due rent, no late fees, utilities, or other charges.
• [ ] No partial payment has been accepted without a written reservation of rights.
• [ ] The tenant has not raised a defense that may require prior evaluation (e.g., retaliatory eviction under S.C. Code Ann. § 27-40-910(b), habitability counterclaim, domestic-violence protections, Section 8 / HUD regulations, SCRA protections for military tenants).
• [ ] A copy of the lease agreement and this completed notice (with Proof of Service) is ready to attach to the Magistrate's Court complaint.
• [ ] SCRA check: if there is any indication the tenant is active-duty military, verify whether the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901 et seq.) applies, it may affect the eviction timeline and notice requirements., -

*Sources: South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-10 through 27-40-940; S.C. Code Ann. §§ 22-3-10 et seq. (Magistrate's Court jurisdiction); Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq. Figures verified as of June 2026. South Carolina statutes may be amended; verify current text at scstatehouse.gov before relying on this template.*

> ⚠️ Template, not legal advice. As of June 2026. This notice is a template for general informational purposes only and does not constitute legal advice. Serving an incorrect or deficient notice can defeat a Summary Ejectment proceeding and expose the landlord to liability. This notice is only the predicate step, removing a tenant requires a filed court action, a scheduled hearing, a court judgment, and issuance of a Writ of Ejectment by the Magistrate's Court; a landlord may not remove a tenant, change locks, shut off utilities, or remove the tenant's possessions without a court order (S.C. Code Ann. § 27-40-660). Consult a licensed South Carolina real estate attorney before serving this notice, particularly in situations involving partial payments, subsidized housing (Section 8 / HCV), military tenants (SCRA), domestic-violence situations, or any potential claim of retaliatory or discriminatory eviction.