South Carolina eviction notices are used to move a legal tenant out of the rental unit, and give possession of the property back to the landlord.
In essence, SC eviction laws allow landlords to remove a tenant who acts unreasonably under the law.
However, it’s important that both parties to the rental agreement understand how eviction notices work in South Carolina.
For landlords, it helps them properly follow the legal requirements without facing any consequences or penalties. It also helps tenants avoid unlawful tenancy termination by protecting their rights.
In this article, we covered the various types of eviction notices in South Carolina, as well as its associated legal processes.
Up-to-Date Eviction Laws in South Carolina for 2024
The eviction process in SC is guarded by the South Carolina Code of LawscUnannotated, particularly Title 27.
Section 27-37-10 of this law states that a tenant in South Carolina can be evicted for nonpayment of rent, end of tenancy agreement, or lease violation.
There are also other reasons that may lead to the termination of the tenancy agreement (which will be further discussed in this article). However, to ensure a successful eviction process, a South Carolina eviction notice must have been served by either party.
Also, retaliatory evictions are considered illegal in this state. If a landlord evicts a tenant in retaliation for exercising their legal act, the landlord may be restricted from performing certain acts.
For one, the landlord may not allowed be to recover possession for 75 days or increase rent more than the fair market value price. The landlord may also be liable to pay for damages up to three month’s rent or three times the amount of damages sustained by the tenant.
It’s highly recommended that either party employ the expertise of an attorney when involved in an eviction process. This would ensure that their rights are not overlooked and are well-protected.
Types of Rental Agreements in South Carolina
There are different types of rental agreements in South Carolina. These are;
- Standard Residential Lease Agreements: This is a legally binding agreement between the landlord and the tenant, detailing the terms and conditions of renting a residential property. In this case, the landlord has the responsibility of maintaining the rental property in a habitable condition, complying with the local housing and building codes, and may inspect the rental from time to time with proper notice. The landlord is also entitled to collect rent. The tenant, on the other hand, has the right to occupy the rental unit for the period agreed upon, pay rent, and comply with the terms in the lease agreements.
- Month-to-Month Leases: This is a tenancy agreement between the landlord and tenant. It typically runs on a monthly basis, without a fixed term. The tenancy agreement automatically renews itself every month, unless terminated by notice from either party. This type of agreement offers flexibility to the landlord and tenant.
- Sublease Agreements: This type of agreement allows a tenant (sublessor) to rent all or part of the rental property to another new tenant (sublessee). However, the primary tenant (sublessor) is still responsible for the property under the original lease agreement with the landlord. The sublessee is also subdued to certain rights and responsibilities outlined in the sublease agreement. The landlord must however consent to this arrangement before it can be perpetuated.
- Roommate Agreements: This is a voluntary agreement between two or more persons living together in a rental space. This arrangement outlines the rights and responsibilities of each party living together such as; rules for guests, division of house chores, rent payment, etc. Although this is not a legally enforceable contract between a landlord and tenant, it helps to foster a harmonious living relationship between the parties concerned.
- Commercial Leases: This is a legally binding contract used for the rental of a commercial space such as retail shops, offices, warehouses, or industrial facilities. Commercial lease agreements are complex documents and require careful negotiations and consideration by either party to the agreement. Additionally, there are different types of commercial agreements, these are;
- Gross Lease: For this lease, the tenant is obligated to pay a fixed amount of rent, and the landlord will be responsible for paying the operational costs.
- Net Lease: In this case, the tenant is liable to pay a base rent amount, and other expenses such as maintenance costs, insurance, etc., at a
- Percentage Lease: In this case, the tenant pays a base rent plus a percentage of their gross sale. This is common in retail agreements, where the landlord shares part of the tenant’s income.
- Modified Gross Lease: This is a mix of the gross lease and a net lease agreement. Here, the tenant pays a base rent and some or all of the operating expenses which may be negotiated between both parties.
- Rent-to-Own Agreements: This is a contractual lease agreement that allows the tenant to rent a property, but with the option of purchasing it at a future date and at a predetermined price. In this case, the rent paid by the tenant will be awarded towards the purchase price of the property. As such, at the end of the lease term, the tenant will have the right to choose whether to purchase the property or not. The landlord has the right to enforce the terms of the lease agreement, as well as maintain the property in a habitable condition.
Grounds for Eviction in South Carolina
The type of South Carolina eviction notices to serve on the tenant depends on the particular circumstances of the case. However, here are the various grounds (reasons) to evict a legal tenant under the eviction laws in South Carolina. These are;
- Failure to Pay Rent
This is the most common reason for serving an eviction notice in South Carolina.
If a tenant fails to pay rent on time, the landlord can serve a 5-day eviction notice South Carolina. – SC Stat. § 27-40-710(B)
However, it is important to provide that unless the lease agreement states otherwise, rent is considered due at the beginning of each month, and considered late when it remains unpaid the day after.
For example, if the rent is due on the 1st of July, it is considered late if the tenant refuses to pay it by the 2nd.
Some lease agreements may contain a grace period, which the landlord must honour. Although, landlords are not obligated to give grace periods.
After serving the notice, the tenant can either pay the due rent or leave the rental premises. If the tenant pays the rent within the notice period, the landlord can not proceed with any eviction process based on such grounds.
- Violation of Lease Terms
Lease agreements vary from one party to another, however, they must be obeyed by each one.
If the tenant fails to comply with the provision of the lease agreement or commits acts that affect the health and safety of others, the landlord may evict such tenant under South Carolina eviction laws.
Examples of some lease violations are;
- Damage to the rental unit;
- Smoking in a non-authorized premise;
- Keeping pets where it is not allowed;
- Failing to maintain the rental unit as provided in SC Stat. § 27-40-510.
- Subletting without the landlord’s consent, etc.
In essence, if a tenant violates a term in the lease agreement or obligations under § 27-40-510, a 14-day eviction notice will be served upon the tenant. In this case, the tenancy agreement will terminate after 14 days of the receipt of the notice if the tenant fails to fix the violation.
- Illegal Activity
If the tenant engages in any illegal or criminal act on or near the rental premises, the landlord can serve a South Carolina eviction notice.
In this case, the tenant has no right to cure. Therefore, the landlord will serve an Unconditional Notice to Quit based on such activity and inform the tenant to vacate the rental unit.
If the tenant fails to leave the unit after the notice has been given to the tenant, the landlord may file an action in the appropriate court.
- Non-Renewal of Lease
South Carolina eviction laws also give room for evicting tenants that stay beyond their tenancy term, without seeking renewal.
However, in this case, the eviction notice must be equivalent to the duration of the tenancy agreement.
For week-to-week tenants, the landlord must serve a 7-day South Carolina eviction notice before the end of the lease term. However, for month-to-month and yearly tenants, the landlord must serve a 30-day eviction notice South Carolina.
This also applies to situations where the landlord wishes not to renew the tenancy agreement with his tenants.
Types of South Carolina Eviction Notice Forms
South Carolina eviction notices are legal documents used to evict tenants in a residential property.
They are important in every eviction proceeding, to the extent that they can invalidate the entire process if not properly done.
For landlords and tenants, understanding each type of eviction notice will help each party understand their rights, responsibilities, and the proper legal procedure.
Additionally, eviction notices South Carolina are further divided into two parts; with cause and without cause.
Eviction Notices with Cause
In certain cases, the landlord can legally drive a tenant out of the rental based on a ‘cause’ perpetuated by the tenant. These causes are what give the ground for evictions, and the cause will also determine the eviction notice to serve upon the tenant.
Here are the different types of South Carolina eviction notices.
5-Day Notice to Pay or Quit
A 5-day eviction notice South Carolina is used when a tenant refuses or fails to pay rent on time.
According to SC Stat. § 27-40-710(B), the landlord shall terminate the tenancy agreement if the tenant fails to pay the due rent, and this notice has been served upon the tenant.
The 5-day eviction notice South Carolina shall inform the tenant of the landlord’s intent to terminate the tenancy if the rent is not paid within 5 days of the receipt of the notice.
SC Stat. § 27-40-710(B) further states that the landlord is not required to serve this notice to the tenant, if the lease agreement contains such notice written in conspicuous language.
In essence, if the lease agreement contains the following;
“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.”
… then the landlord is not required to serve a separate 5-day eviction notice. If the tenant defaults in paying rent, the landlord can immediately proceed to file an eviction lawsuit.
However, if the tenant pays the rent within the 5-day notice timeline, the landlord can not evict such tenant based on the same ground.
14-day Notice to Comply
A 14-day eviction notice is used if a tenant fails to comply with the terms of the lease agreement or the provision of § 27-40-510.
In detail, Section 27-40-510 provides that, a tenant shall;
- Comply with all building and housing codes materially affecting health and safety;
- Keep the rental safe and clean;
- Dispose of all garbage, rubbish, debris, etc.
- Maintain the plumbing units;
- Use all appliances (electrical, HVAC, etc) reasonably;
- Avoid destroying or defacing any part of the rental premises;
- Not disturb other tenant’s peaceful enjoyment of the premises;
- Comply with the rules and regulations imposed by the landlord in pursuance to § 27-40-520
Where the tenant violates any of these provisions or any term in the rental agreement, the landlord can serve a 14-day South Carolina eviction notice.
The landlord shall deliver the notice specifying the acts and omissions constituting the breach, and informing the tenant that the tenancy agreement will terminate within 14 days of receiving such notice.
However, the tenancy agreement will not terminate if the tenant adequately remedies the violation (where required). Also, if the tenant in good faith, has commenced the fixture of the violation but the 14-day timeline will not be sufficient to cover the entire process, the tenancy agreement will not terminate for such reason.- SC Stat. § 27-40-710 (A) (1) & (2)
Unconditional Quit Notice
If a tenant engages in an illegal activity on the rental premises, the landlord is not legally obligated to serve any notice to the tenant.
In other words, the landlord can immediately proceed to the next step in the eviction process and continue filing for eviction proceedings.
Eviction Notices without Cause
Apart from the foregoing, there are other situations where the landlord can evict a tenant without cause. In this case, the tenant has neither failed to pay rent nor breached a lease term.
To serve an eviction notice without cause, the landlord must wait till the end of the term of the tenancy agreement. This notice will inform the tenant that the landlord does not wish to renew the tenancy agreement, and the need to move out before the notice period elapses.
For weekly tenants, the landlord must serve a 7-day eviction notice. But for monthly tenants, the landlord will serve a 30 day eviction notice South Carolina.
On the other hand, the landlord does not have to serve an eviction notice for fixed-term tenancies. He can reasonably expect them to leave once the tenancy term is over, unless the lease agreement requests for a notice.
If a tenant refuses to leave the rental property after the tenancy term has elapsed, they become a holdover tenant. In such a case, the landlord can immediately proceed to file an eviction suit to drive such a tenant out.Additionally, South Carolina eviction for tenants without lease, requires the landlord to serve a notice determined by the duration of the tenant in the rental
Eviction Process in South Carolina: How to Evict a Tenant from Your Premises
Step 1: Landlord Issues an Eviction Notice
The first step to commencing an eviction process in South Carolina is to serve the tenant an eviction notice, clearly stating the reason for eviction (e.g., nonpayment of rent, lease violation).
The landlord can serve the notice through any legal means that is aimed at capturing the attention of the tenant. However, the eviction law in SC specifically recognises;
- Hand delivery;
- Mailing via certified or registered mail to the tenant’s address or last known abode. However, if the notice is done via mail, it adds five more days to the notice timeline.
After properly serving the notice to the tenant, the landlord must keep copies of the notice as proof of service. This is an essential document in the courtroom.
Step 2: Landlord Files an Eviction Lawsuit with the Court
If the tenant fails to cure the default or vacate the rental premises (whichever is applicable), and the notice period has elapsed, the landlord can proceed to file a complaint in the circuit or magistrate courts.According to SC Stat. § 27-40-130(a), these courts have the concurrent jurisdiction to hear all matters in respect to landlord-tenant relationship.
The landlord must apply for an Order/Rule to Show Cause in the court. They must also file for an ejectment order stating the grounds for eviction.
Additionally, the landlord will also be required to pay the necessary prescribed fee which may vary by court type and county. For Charleston County, the fling fee will cost $40, while the writ of ejectment will cost $10.
Step 3: The Court Serves the Tenant the Summons and Complaint
After the landlord files the complaint, a Summon will be issued by the court. This summons, called the Rule to Vacate or Show Cause must be served upon the tenant.
The summon will inform the tenant of the reason for the eviction, and the need to respond within 10 days of receiving such document. It will also specify that if the tenant does not respond, a default judgment will be entered in favor of the landlord.
Most times, the date for the court hearing will be specified in the summon, and in other cases, the tenant will have to request a hearing. Additionally, either party may request a jury trial.
According to SC Rules of Civil Procedure, Rule 4 (c), the service of summons must be done by the sheriff, his deputy, or by any other person who is at least 18 years old and not a party to the case.
The summons and complaint may be delivered through the following methods;
- Personal Service: By personally delivering the document to the tenant himself. Where this is not possible, after two different attempts have been made (48 hours apart and at different times of the day), the documents may be delivered through the other methods below.
- Substituted Service: By leaving copies of the document with a person of suitable age and discretion in the tenant’s residence.
- Affixing: If no one is found in the rental premises and it appears abandoned at least 15 days after the rent due date, the server can leave the notice in a conspicuous place on the premises.
- Mailing: After two unsuccessful attempts to deliver the document via personal service, it can also be served by posting it in the most conspicuous part of the remise and mailing it.
It is important that the documents are served properly on the tenant or it can invalidate the entire eviction process.
Step 4: Landlord and Tenant Attend Court Hearing and Receive Judgment
Both parties must make an appearance during the court hearing. The landlord should bring copies of the lease agreement/deed, proof of service of eviction notice, evidence of lease violations (pictures, videos, witnesses, etc), and others to the court. This will help in proving the landlord’s claim.
The tenant is also required to rebut the claims of the landlord in order to win the case.
After hearing both sides, the court will make a ruling based on the presentation of evidence and arguments. If the tenant wins the suit, the court will make an order that the tenant should remain in the rental property. On the other hand, if the landlord wins the suit, a Writ of Ejectment will be issued.
Both parties have the right to appeal within 30 days of the court’s judgment. In this case, the execution of the writ will be stayed pending the judgment of the appeal court.
Tenant Defenses and Legal Protections in Court
The tenant can rely on the following defenses when aiming to invalidate the claims of the landlord.
- Self-Help Eviction: In South Carolina, it is illegal for a landlord to resort to acts aimed at frustrating the tenant to vacate the rental property. This is also applicable even where the landlord wins the lawsuit. Therefore, it is illegal for a landlord to turn off utilities, change the locks of the rentals, restrict access, and lots more. Where this is proved, it can invalidate the eviction process.
- Improper Notice: If the landlord failed to serve the proper notice or did not wait long enough before filing the eviction lawsuit, the court may order the landlord to restart the entire eviction process. In the long run, this may cause delay and frustration.
- Retaliatory Eviction: It is illegal for a landlord to evict a tenant because he or she has joined a tenant’s union, reported a housing/building code violation, requested repairs, etc. Retaliatory evictions are highly frowned upon in the state of South Carolina.
- Waiver: In a suit for non-payment of rent, if the tenant has made part payment of the due rent, the judge may order the tenant to remain in the rental unit for a period of time instead of evicting such tenant. In such a case, the tenant must pay the remaining amount within the specified date. However, this is discretionary to the court. This also applies where the tenant in good faith, makes a repair to the damage he caused in the rental, but the landlord can not still bring a claim for the same damage in court.
- Illegal Lease Provision: If the term of the lease agreement requires engaging in an illegal or criminal act, the landlord can not evict a tenant based on violation of the lease agreement. In this case, the tenant is not required to comply with such lease terms since it invalidates the law of the state.
- Discrimination: South Carolina landlords can not evict a tenant based on race, sex, creed, nationality, family status, etc. Where this is proved, it may invalidate the entire eviction process and the landlord may be liable in a civil suit for personal injury.
Step 5: Court Issues Writ of Ejectment: Tenant Has 24 Hours to Vacate Premises
The writ is issued when the landlord wins the eviction lawsuit. The court will issue the writ within 5 days of the judgment.
This writ is a final notice to the tenant to vacate the rental premises. It also gives the sheriff or his deputy the authority to remove the tenant from the rental unit.
Once the Sheriff or deputy receives the writ, he/she will serve it upon the tenant as notice to vacate the rental unit. After serving it, the tenant gets only 24 hours to vacate the rental unit.
Step 6: Executing the Eviction: Tenant Faces Forced Removal After 24-Hour Deadline
If the tenant fails to vacate the rental premises after the 24-hour eviction notice South Carolina expires, the sheriff will return to use low force to remove the tenant.
However, the Sheriff may discretionally delay the process of removing the tenant for elderly or ill persons. However, this is solely based on the discretion of the law enforcement agent and not obligated.
Eviction Notice by States
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FAQs
If you’re wondering how to file an eviction notice in South Carolina, all you need to do is serve a proper eviction notice to the tenant. The next step is to file a complaint at the appropriate court, serve the summons, attend the court hearing, await judgment, and execute.
You can read this guide for more information.
To answer the question – how long does the eviction process take in South Carolina? It is best to keep your mind between 4 – 9 weeks. However, this may take less or longer depending on the circumstances of the case.
A writ of ejectment in South Carolina is used to remove a tenant from the rental property and return possession back to the landlord. It is usually issued by the court when the landlord wins the lawsuit.
Evciting a family member in South Carolina takes the same process as every other person (as explained in this guide). However, it is important that you try straightening things out with your relative or coming up with an agreement plan before proceeding to the court.
South Carolina eviction process is quite straightforward, but it all begins with serving the proper eviction notice according to the law. More information is written in this guide.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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