If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own South Carolina eviction notice with our step-by-step template designer.
Last Update July 21st, 2021
South Carolina Eviction Notice Types
A legal eviction in South Carolina can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct South Carolina legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
5-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 5-Day Notice to Quit. This obliges them to pay rent or quit within 120 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
14-Day Notice to Quit (Non-Compliance)
In the case of a lease violation, the landlord may issue a 14-Day Notice to Quit. This will often give the tenant 14 days to correct the breach before they will be obliged to leave the property.
However, unconditional 14-Day notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
South Carolina Eviction Laws
Your South Carolina eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in South Carolina may only happen in the case of:
Nonpayment of rent: 5 days’ notice
Lease violations: 14 days’ notice
Termination of a lease: 30 days’ notice
The South Carolina eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
South Carolina Eviction Process
The South Carolina eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by SC state law. To correctly complete an eviction in South Carolina, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a Recovery of Real Property complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Ejectment with the court clerk.
Step 5: When the Writ of Ejectment has been processed the landlord may file the document with the county sheriff. The tenant will then have 24 hours to leave before being forcibly evicted.
FAQs About South Carolina Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about South Carolina’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in South Carolina?
To successfully evict a tenant in South Carolina state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does It Take to Evict a Tenant in South Carolina?
In many cases, a South Carolina eviction can be completed in a few days. Once the eviction notice is served, the tenant will have between 5-30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take over a month depending on how busy the district or housing court system is at the time.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the South Carolina eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.