South Carolina Eviction Laws
South Carolina notice periods for ending a tenancy and starting an eviction, each as LeaseCraft read it in the statute at the official source, with its citation and read date (most recently ).
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South Carolina notice periods
Periods are as the statute states them: some are minimums, some apply unless the lease sets another. "Lease controls" means there is no statutory period; "No pre-suit notice" means none is required before filing.
| Situation | Notice period | Source |
|---|---|---|
| Unpaid rent | 5 days |
S.C. Code Ann. 27-40-710(B); 27-40-240
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| Lease violation | 14 days |
S.C. Code Ann. 27-40-710(A); 27-40-720
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| Ending the tenancy without a chance to cure | No pre-suit notice |
S.C. Code Ann. 27-40-710(B); 27-40-540
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|
| Ending a month-to-month tenancy | 30 days |
S.C. Code Ann. 27-40-770(B)
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| Tenant staying after the lease ends | Lease controls |
S.C. Code Ann. 27-40-770(C)
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| Ending a week-to-week tenancy | 7 days |
S.C. Code Ann. 27-40-770(A)
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|
What the South Carolina statute says
Unpaid rent 5 days
- Landlord may terminate if rent is unpaid when due and the tenant fails to pay within five days from the DATE DUE, provided the landlord has given written notice of nonpayment and of the intention to terminate if rent is not paid within that period (S.C. Code 27-40-710(B)).
- One-time notice: the obligation is satisfied for any lease term after one such notice, or if the rental agreement contains the conspicuous statement 'IF YOU DO NOT PAY YOUR RENT ON TIME ... You will get no other notice as long as you live in this rental unit.' — then no separate notice is needed even after the original term expires.
- Notice is 'received' when delivered in hand or mailed by registered/certified mail to the tenant's designated address or last known residence; proof of mailing constitutes notice without proof of receipt (27-40-240).
Lease violation 14 days
- Noncompliance with the rental agreement (other than nonpayment, 27-40-510 health/safety matters or 27-40-540 illegal activity): written notice specifying the acts and omissions and stating that the agreement terminates on a date not less than fourteen days after RECEIPT if the breach is not remedied in fourteen days (27-40-710(A)).
- No termination if the tenant adequately remedies before the date, or if the remedy cannot be completed in 14 days but is commenced within the period and pursued in good faith to completion within a reasonable time.
- Health/safety noncompliance under 27-40-510: 27-40-720 — remedy as promptly as conditions require in an emergency, or within fourteen days of written notice.
Ending the tenancy without a chance to cure No pre-suit notice
- Illegal activity (violation of 27-40-540): 27-40-710(B) lets the landlord terminate 'provided the landlord has given the tenant written notice'; the text states no separate waiting period for this ground (the five-day period in (B) is tied to the rent due date).
- No repeat-violation or waste/nuisance shortcut found in 27-40-710.
Ending a month-to-month tenancy 30 days
- Written notice given at least thirty days before the termination date specified in the notice (27-40-770(B)); either party.
Tenant staying after the lease ends Lease controls
- 27-40-770(C): tenant remaining without consent after expiration/termination — landlord may bring an action for possession; attorney's fees if not in good faith; up to three months' rent or twice actual damages for a wilful holdover. No separate holdover notice period.
Ending a week-to-week tenancy 7 days
- Written notice at least seven days before the termination date specified in the notice (27-40-770(A)).
Just cause, delivery, form and local rules in South Carolina
How the notice may be delivered
S.C. Code 27-40-240: the tenant receives notice when it is delivered in hand or mailed by registered or certified mail to the place the tenant held out for receipt of communications or, absent a designation, to the tenant's last known place of residence; 'Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.'
S.C. Code Ann. 27-40-240 · read
Required form or contents
No prescribed form for a separate notice; but 27-40-710(B) prescribes the exact conspicuous lease clause that substitutes for the nonpayment notice: 'IF YOU DO NOT PAY YOUR RENT ON TIME This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.' A 27-40-710(A) breach notice must specify the acts and omissions and the termination date.
S.C. Code Ann. 27-40-710(A), (B) · read
Statewide just-cause rule
No statewide just-cause requirement
- No just-cause requirement; either party may end a periodic tenancy on 27-40-770 notice.
S.C. Code Ann. 27-40-770 · read
For South Carolina landlords
- Find the period for your situation in the table above and count it from the day the notice is delivered.
- Deliver the notice the way South Carolina law allows and keep a record of how and when.
- A notice is not a court order and does not by itself remove a tenant.
For South Carolina tenants
- Compare the notice you received with the period for its situation in the table above and the date it reached you.
- A notice is not a court order. If a case is filed, the court papers say how and by when to respond.
- Local legal aid and tenant organizations can explain your options.
How an eviction generally proceeds
A general outline, not South Carolina law: the steps, their names and their deadlines differ by state and court. The South Carolina rules LeaseCraft has verified are the ones above.
- Written notice. The landlord gives the notice the situation calls for and waits out its period.
- Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
- Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
- Judgment. The court decides who has the right to the property.
- Removal. If the court rules for the landlord, removal follows its order. A notice is not a court order and does not by itself remove a tenant.
South Carolina eviction questions
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5 days, under S.C. Code Ann. 27-40-710(B); 27-40-240. Landlord may terminate if rent is unpaid when due and the tenant fails to pay within five days from the DATE DUE, provided the landlord has given written notice of nonpayment and of the intention to terminate if rent is not paid within that period (S.C. Code 27-40-710(B)). LeaseCraft read this at the official source on 2026-09-27.
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14 days, under S.C. Code Ann. 27-40-710(A); 27-40-720. Noncompliance with the rental agreement (other than nonpayment, 27-40-510 health/safety matters or 27-40-540 illegal activity): written notice specifying the acts and omissions and stating that the agreement terminates on a date not less than fourteen days after RECEIPT if the breach is not remedied in fourteen days (27-40-710(A)). LeaseCraft read this at the official source on 2026-09-27.
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30 days, under S.C. Code Ann. 27-40-770(B). Written notice given at least thirty days before the termination date specified in the notice (27-40-770(B)); either party. LeaseCraft read this at the official source on 2026-09-27.
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S.C. Code 27-40-240: the tenant receives notice when it is delivered in hand or mailed by registered or certified mail to the place the tenant held out for receipt of communications or, absent a designation, to the tenant's last known place of residence; 'Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.'. Source: S.C. Code Ann. 27-40-240. LeaseCraft read this at the official source on 2026-09-27.
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No statewide just-cause requirement, under S.C. Code Ann. 27-40-770. No just-cause requirement; either party may end a periodic tenancy on 27-40-770 notice. LeaseCraft read this at the official source on 2026-09-27.
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7 days, under S.C. Code Ann. 27-40-770(A). Written notice at least seven days before the termination date specified in the notice (27-40-770(A)). LeaseCraft read this at the official source on 2026-09-27.
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Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.