South Carolina Eviction Notice Overview
South Carolina's eviction framework is governed by the South Carolina Residential Landlord and Tenant Act (S.C. Code Chapter 27, Title 40). The state does not use a 10-day notice period. For non-payment, landlords must provide a 5-day notice under §27-40-710(b). For lease violations, a 14-day cure-or-quit notice is required under §27-40-710(a).
South Carolina eviction cases are heard in Magistrate Court through a unique "Rule to Show Cause" process that differs from the standard complaint-and-summons procedure used in most states. This process requires the tenant to appear and explain why eviction should not proceed, shifting the initial burden to the tenant. Understanding this distinction is important for South Carolina landlords navigating the system for the first time.
5 Days
Non-payment notice
$40-$80
Filing fees
14 Days
Lease violations
4-7 wks
Total process
South Carolina's Actual Notice Periods
SC Does Not Use 10-Day Notices
South Carolina's eviction statutes specify 5 days for non-payment and 14 days for lease violations. There is no 10-day notice period in S.C. Code. Use the correct statutory period to avoid procedural challenges in Magistrate Court.
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 5 days | S.C. Code §27-40-710(b) |
| Lease violation (first) | 14 days (with cure) | S.C. Code §27-40-710(a) |
| Repeat violation (6 mo.) | 14 days (no cure) | S.C. Code §27-40-710(a) |
| Month-to-month termination | 30 days | S.C. Code §27-40-770 |
South Carolina Legal Requirements
South Carolina eviction notices must satisfy content requirements under the Residential Landlord and Tenant Act to be enforceable in Magistrate Court.
- Written Format: All notices must be in writing. Oral warnings do not satisfy S.C. Code requirements
- Specific Amounts: For non-payment, include the exact amount of rent owed by month
- Cure Period: State the correct statutory period (5 days for rent, 14 days for violations)
- Violation Description: For lease violations, describe the specific breach and the lease provision violated
- Consequence: Warn that the landlord will file for ejectment in Magistrate Court if uncured
How to Serve in South Carolina
South Carolina accepts several methods of service. Personal delivery is preferred, but certified mail provides strong documentation for court.
Personal Delivery
Hand the notice directly to the tenant with a witness present to confirm delivery
Certified Mail
Send via USPS certified mail with return receipt. Retain the green card as evidence of delivery
Household Member Service
Leave with an adult at the tenant's residence if the tenant is not available
File the Rule to Show Cause
After the notice period expires without cure, file for ejectment in Magistrate Court. The court issues a Rule to Show Cause
South Carolina Eviction Timeline
Days 1-5: Notice period for non-payment. Days 6-10: File ejectment complaint, court issues Rule to Show Cause. Days 11-24: Tenant is served the Rule and hearing is scheduled (5-14 days). Hearing: Magistrate rules, typically same day for uncontested cases.
After judgment, the Writ of Ejectment is issued and served by a constable. The tenant must vacate promptly. If the tenant refuses, the constable executes the physical eviction within 5-10 business days. Total uncontested: 4-7 weeks. Appeals to Circuit Court: 2-4 months. Charleston and Richland counties tend to have longer scheduling delays.
South Carolina Court Fees
SC Magistrate Court fees are set at the county level.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing | $40 - $80 |
| Constable Service | $25 - $45 |
| Writ of Ejectment | $30 - $60 |
| Attorney Fees | $400 - $1,200 |
| Physical Eviction | $75 - $200 |
Sample SC Non-Payment Notice
Below is a preview of a South Carolina 5-day non-payment notice under S.C. Code §27-40-710(b).
FIVE-DAY NOTICE TO PAY OR VACATE
STATE OF SOUTH CAROLINA
Pursuant to S.C. Code §27-40-710(b)
TO TENANT(S):
Name: [Full Legal Name]
Address: [SC Property Address]
NOTICE
You have FIVE (5) DAYS from service of this notice to pay $[Amount] in unpaid rent or vacate the premises. Failure to comply will result in ejectment proceedings in South Carolina Magistrate Court.