South Carolina Eviction Notice Overview
South Carolina uses a 5-day notice for non-payment of rent under SC Code Section 27-40-710. After the 5-day period expires, the landlord may file a rule to show cause in Magistrate Court. South Carolina's eviction process is called an 'ejectment' action.
Understanding the correct notice period is critical for South Carolina landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current South Carolina statutory requirements before serving any eviction notice.
5 days
Actual notice period
$40 - $80
Court filing fee
Magistrate
Court type
3-6 Wks
Total process
SC Code Section 27-40-710: South Carolina's 5-Day Notice Requirement
South Carolina Is a True 5-Day Notice State
South Carolina explicitly requires a 5-day notice for non-payment of rent under SC Code Section 27-40-710. This is the correct notice period for South Carolina landlords dealing with tenants who have failed to pay rent when due.
South Carolina is among the states that use a genuine 5-day notice period for non-payment, alongside Arizona, Delaware, Hawaii, Illinois, Oklahoma, and others. The 5-day notice requirement in South Carolina applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under South Carolina law.
The 5-day notice period applies specifically to non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under South Carolina law. Always verify the specific notice type needed for your situation.
South Carolina Legal Requirements for Eviction Notices
To withstand judicial scrutiny in South Carolina Magistrate Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and South Carolina county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 5 days period to pay or vacate as required by SC Code Section 27-40-710
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Magistrate Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 5 days clock
How to Serve an Eviction Notice in South Carolina
Proper service of the eviction notice is essential under South Carolina law. Magistrate Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method South Carolina courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. South Carolina courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 5 days period expires without payment or vacancy, file the eviction complaint at the Magistrate Court in the jurisdiction where the property is located.
South Carolina Eviction Timeline
The eviction process in South Carolina follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 5 days notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in South Carolina and can expose the landlord to substantial liability.
South Carolina Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in South Carolina. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing Fee | $40 - $80 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample South Carolina Eviction Notice
Below is a preview of the South Carolina-specific eviction notice using the correct 5 days notice period required by SC Code Section 27-40-710.
NOTICE TO PAY RENT OR QUIT
STATE OF SOUTH CAROLINA
Pursuant to SC Code Section 27-40-710
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full South Carolina Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to SC Code Section 27-40-710, you have 5 DAYS from the date of service to pay the total amount due or surrender possession.
SOUTH CAROLINA COMPLIANCE
This notice complies with South Carolina law under SC Code Section 27-40-710. The 5-day period is the statutory requirement for non-payment of rent in South Carolina.