Free South Carolina Eviction Notice Forms

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. 

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.

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.

When you prepare your own South Carolina eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.

There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out a home, or plan to do so in the future, use the following documents below to ensure your property is properly looked after: 

• South Carolina Rental Application
• South Carolina Residential Lease Agreement