South Carolina Notice to Vacate

Written Notice to Pay Rent or Vacate / Notice to Cure or Vacate / Notice of Termination of Tenancy

This Notice is issued pursuant to the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-710 through 27-40-770. Proper service and timing are required before any eviction action may be filed in magistrate court.

Notice Date: [[Notice Date]], -

Landlord and Tenant Information

Landlord / Property Manager: [[Landlord or Agent Full Name or Entity]]
Landlord Address for All Notices and Payments: [[Landlord Notice and Payment Address]]
Phone / Email for Contact: [[Landlord Contact Phone and Email]]

Tenant(s) / Occupant(s): [[Tenant Full Legal Name(s)]]
Premises Address: [[Full Property Address, City, South Carolina, ZIP Code]]

Lease Date (if applicable): [[Lease Execution Date]]
Current Tenancy Type: [[Fixed Term ending [[Lease End Date]] / Month-to-Month since [[MTM Start Date]]]], -

Type of Notice (Landlord Must Select One)

Check the applicable box and complete the corresponding section. Only one primary ground should be asserted per notice unless alternatives are clearly stated.

• [ ] 5-Day Notice to Pay Rent or Vacate (Non-payment of rent, S.C. Code § 27-40-710 and related)
• [ ] 14-Day Notice to Cure or Vacate (Material noncompliance with lease other than rent, S.C. Code § 27-40-710)
• [ ] 30-Day Notice of Termination (Month-to-month tenancy or end of fixed term without renewal, S.C. Code § 27-40-770)
• [ ] Notice to Vacate, Holdover / Unconditional (After lease expiration or other grounds permitting immediate or shorter notice)
• [ ] Other Ground Authorized by Lease or Law: [[Specify Other Ground and Statutory Basis]], -

Section A, 5-Day Notice to Pay Rent or Vacate (Non-Payment)

Amount of Rent Currently Due: [[Past Due Rent Amount as of Notice Date]]

This amount includes rent due for the period(s): [[List months or dates, e.g. rent for [[Month/Year]] and any prior arrears]].

Additional amounts claimed (late fees, etc., if permitted and itemized): [[Itemized Additional Amounts or "None claimed in this notice"]]

YOU ARE HEREBY NOTIFIED that you must pay the total amount due of [[Total Amount Due]] to Landlord at the address above within five (5) days after the date this notice is served (excluding the day of service), or you must vacate and surrender the Premises.

If you fail to pay the full amount due or vacate within the five-day period, Landlord may commence eviction proceedings in the appropriate magistrate court without further notice, and may seek a judgment for possession, unpaid rent, damages, court costs, and attorney fees as permitted by law.

Payment must be made by [[Accepted Methods: e.g. certified funds, cashier's check, or as otherwise permitted]] and received at the Landlord address (or electronic method) within the five-day period. Partial payment does not waive Landlord's rights.

Date Rent First Became Due for the Latest Period: [[Due Date of Delinquent Rent]], -

Section B, 14-Day Notice to Cure or Vacate (Lease Violation Other Than Rent)

Description of Lease Violation(s):

[[Detailed factual description of the specific violation(s), including dates, locations, and how it breaches the lease. Example: "Failure to remove unauthorized pet after prior warning on [[date]]; violation of pet policy in Section [[X]] of the Lease."]]

Under S.C. Code § 27-40-710, if the tenant commits a material noncompliance with the rental agreement (other than nonpayment of rent) that can be remedied by repair, replacement of a damaged item, or payment of damages, Landlord may deliver written notice specifying the breach and stating that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within that period.

Action Required to Cure: [[Specific cure actions and deadline, e.g. "Remove the unauthorized pet and repair any damage by [[date]]" or "Pay damages of [[amount]] for [[specific damage]] by [[date]]"]]

If the violation is not cured within fourteen (14) days after service of this notice (or such longer period as the lease or law provides), the tenancy will terminate and you must vacate the Premises.

If the same violation recurs within six (6) months, Landlord may terminate with a shorter or unconditional notice as permitted by the Act., -

Section C, 30-Day Notice of Termination (Month-to-Month or Non-Renewal)

This notice terminates the tenancy effective [[Termination Effective Date]].

For month-to-month tenancies, either party may terminate by giving written notice of at least thirty (30) days as required by S.C. Code § 27-40-770. The notice period begins upon proper service.

Reason for Termination (not required for no-fault termination in SC but may be stated): [[Voluntary non-renewal / Owner moving in / Sale of property / Renovation / Other lawful reason: [[Reason or "No cause stated as permitted"]]]]

You must vacate and surrender possession of the Premises, remove all personal property, and return all keys, access devices, garage openers, and other items belonging to Landlord on or before the Termination Effective Date.

Failure to vacate by the effective date may result in eviction proceedings and claims for holdover rent, damages, and costs., -

Section D, Additional or Holdover Notice Terms

If you remain in possession after the expiration or termination of the tenancy without Landlord's written consent, you will be a holdover tenant. Landlord may accept rent and treat you as a month-to-month tenant or may proceed with eviction. Holdover use and occupancy charges may apply at the rate of [[Holdover Daily or Monthly Rate]] or as otherwise provided in the lease or by law., -

Method of Service

This notice is being served on the date shown by one or more of the following methods authorized under South Carolina law and the lease:

• [ ] Personal delivery to Tenant or an adult at the Premises
• [ ] First-class mail addressed to Tenant at the Premises
• [ ] Posting a copy in a conspicuous place on the Premises and mailing a copy by first-class mail
• [ ] Other method authorized by the lease: [[Describe]]

Person Serving Notice: [[Server Name]]
Date and Approximate Time of Service: [[Service Date/Time]]
Manner of Service Details: [[e.g. "Posted on front door and mailed same day to [[address]]"]]

Landlord will maintain proof of service (affidavit, mail receipt, or witness statement) for use in any court proceeding., -

Important Information for Tenant

• You have the right to dispute the claims in this notice in magistrate court if an eviction action is filed.
• Payment of the full amount claimed in a 5-day notice (where accepted) may prevent eviction for that non-payment instance.
• Retaliatory eviction for exercising legal rights is prohibited.
• If you need assistance, contact a qualified attorney, legal aid organization, or the South Carolina court self-help resources.
• This notice does not constitute a waiver of any other rights or remedies Landlord may have under the lease or law.

Magistrate Court Filing: Landlord may file an eviction action (Rule to Vacate / Dispossessory) in the magistrate court having jurisdiction over the property only after the applicable notice period has fully expired and you remain in possession., -

Landlord Certification

I certify under penalty of perjury that I am the Landlord or an authorized agent, that the facts stated in this notice are true and correct to the best of my knowledge, and that this notice is being served in good faith for a lawful purpose.

Signature: _______________________________________________ Date: [[Notice Date]]

Printed Name: [[Landlord or Agent Printed Name]]
Title: [[Owner / Authorized Property Manager / Attorney-in-Fact]], -

Tenant Copy Acknowledgment (Optional, for Service Record)

I acknowledge receipt of a copy of this Notice to Vacate on [[Date Received]].

Tenant Signature: ______________________________________________ Date: _______________

Printed Name: [[Tenant Printed Name]]

(Additional occupants may sign on reverse or separate page), -

Proof of Service Affidavit (Landlord Use)

State of South Carolina
County of [[County]]

I, [[Server Full Name]], being duly sworn, state:

On [[Service Date]] at approximately [[Time]], I served the attached Notice to Vacate upon the Tenant(s) named above at the Premises by:

[[Detailed description of service method used]]

I declare under penalty of perjury that the foregoing is true and correct.

Signature of Server: ______________________________________________ Date: _______________

Subscribed and sworn before me on ____________________

Notary Public Signature / Seal: ________________________________________________, -

*South Carolina Notice to Vacate, Sample Form. Governed by S.C. Code §§ 27-40-710 (14-day cure for non-rent breach; 5-day pay or vacate for rent), § 27-40-770 (30-day termination of month-to-month). Notice must be properly served. Landlord may file in magistrate court after notice period expires. This template is for informational and illustrative use only and is not legal advice. Consult current South Carolina statutes, court rules, and a licensed South Carolina attorney for your specific situation. Local rules or lease provisions may impose additional requirements. Information current as of June 2026.*