South Carolina Eviction Notice Overview
South Carolina Requires 5-Day Notice, Not 3-Day
Under S.C. Code §27-40-710(B), landlords must give 5 days' notice for non-payment of rent. A 3-day notice is legally insufficient. Exception: If the tenant has been given a non-payment notice within the prior 12 months, the landlord may terminate without another cure period.
South Carolina's Residential Landlord and Tenant Act (S.C. Code §27-40-10 et seq.) governs evictions. For non-payment, §27-40-710(B) requires a written notice giving the tenant 5 days to pay the rent due. A 3-day notice would be insufficient under SC law. However, for repeat non-payment within 12 months, the Act allows the landlord to proceed without a cure period.
South Carolina evictions (called ejectment actions) are filed in magistrate court. Charleston, Greenville, Columbia (Richland County), and Horry County have the highest volumes. The state does not have rent control or local just-cause eviction laws. South Carolina's process is generally quick, and the statute applies uniformly across all 46 counties.
5 Days
Non-payment notice
$40-$80
Filing fees
Written
Notice required
2-4 wks
Court process
South Carolina Legal Requirements
South Carolina's 5-day notice must comply with the Residential Landlord and Tenant Act. The notice demands payment of the specific rent amount and gives the tenant 5 days to pay or face eviction proceedings.
Required Notice Elements
- Written Notice: Must be in writing under §27-40-710
- 5-Day Period: 5 days from service for the tenant to pay or vacate
- Rent Amount: Exact past-due rent only. Exclude late fees
- Tenant Names: All tenants on the lease
- Property Address: Full address of the rental property
- Signature and Date: Signed and dated by landlord or authorized agent
How to Serve an Eviction Notice in South Carolina
South Carolina allows personal delivery and other methods of service. Magistrate courts require proof of proper service when the ejectment action is filed.
Prepare the 5-Day Notice
Verify rent amount and complete all fields accurately.
Personal Delivery
Hand the notice to the tenant. Have a witness present.
Mail and Post
If the tenant cannot be found, post on the door and mail a copy.
Document Service
Record date, time, and method. Keep copies for court.
File Ejectment After 5 Days
If the tenant does not pay, file a rule to show cause for ejectment in magistrate court.
South Carolina Eviction Timeline
After the 5-day notice, the landlord files in magistrate court. SC magistrate courts schedule hearings quickly, often within 5-10 days. The process is among the fastest in the Southeast.
At the hearing, the magistrate determines whether eviction is warranted. If the landlord wins, a writ of ejectment is issued. The sheriff executes the writ, usually within a few days.
Total time from notice to lockout is typically 2-4 weeks for uncontested SC cases. Contested cases may take 4-8 weeks. Appeals to circuit court can add 1-2 months.
South Carolina Court Fees & Costs
Below are the typical costs associated with the eviction process in South Carolina. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing | $40 - $80 |
| Service of Process | $15 - $40 |
| Writ of Ejectment | $15 - $40 |
| Attorney Fees (optional) | $400 - $1,500 |
| Sheriff Lockout | $40 - $100 |
Sample South Carolina Eviction Notice
Below is a preview of the South Carolina-compliant eviction notice.
5-DAY NOTICE TO PAY RENT OR QUIT
STATE OF SOUTH CAROLINA
Pursuant to S.C. Code §27-40-710
TO TENANT(S):
Name: [Full Legal Name]
Address: [South Carolina Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You have FIVE (5) DAYS from service to pay the full past-due rent of $[Amount] for [Month/Year] or surrender possession. Failure to comply will result in the filing of an ejectment action in magistrate court.