South Carolina Non-Payment of Rent Notice Overview
South Carolina requires a 5-day notice to pay rent or quit under S.C. Code §27-40-710 of the Residential Landlord and Tenant Act. The notice must specify the exact rent owed and provide 5 calendar days for cure. The process is efficient and handled through Magistrate Court.
South Carolina Magistrate Courts handle evictions throughout the state's 46 counties. Greenville, Charleston, and Richland County (Columbia) have the highest volumes. The process is informal, inexpensive, and fast—making SC one of the more landlord-friendly states for eviction processing.
5 Days
Notice period
$55
Avg. filing fee
Yes
Right to cure
2-4 wks
Court process
South Carolina's 5-Day Notice Requirement
Under S.C. Code §27-40-710, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
South Carolina uses a 5-day notice under the Residential Landlord and Tenant Act. The process moves quickly through Magistrate Court. SC is landlord-friendly with few specific tenant protections beyond the Act. Greenville, Charleston, and Richland County handle the most cases.
South Carolina: Fast Process Through Magistrate Court
South Carolina's eviction process is efficient and landlord-friendly. The 5-day notice counts calendar days. Magistrate Court handles evictions informally with low filing fees ($40-$80). Hearings are typically within 10-14 days of filing. The state does not have rent control, mandatory mediation, or winter eviction moratoriums.
South Carolina Legal Requirements (S.C. Code §27-40-710)
For the notice to be valid under South Carolina law, it must meet specific requirements established by statute and interpreted by South Carolina courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under South Carolina law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
South Carolina Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding South Carolina's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with South Carolina law.
South Carolina Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in South Carolina
South Carolina law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. South Carolina courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by South Carolina courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in South Carolina Magistrate Court. Include the original notice and proof of service with your filing.
South Carolina Non-Payment Eviction Timeline
The South Carolina eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 5-Day Notice to Pay or Quit | Day 1 |
| Notice expires | Day 6 |
| File in Magistrate Court | Day 6-8 |
| Summons served | Day 8-14 |
| Court hearing (10-14 days after filing) | Day 16-22 |
| Judgment for possession | Day 16-22 |
| Writ of ejectment executed | Day 19-28 |
Total: 2-4 weeks uncontested. Contested cases add 2-3 weeks.
South Carolina Eviction Filing Fees & Costs
Filing fees for eviction actions in South Carolina vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing Fee | $40 - $80 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $20 - $50 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $75 - $200 |
Sample South Carolina 5-Day Non-Payment Notice
Below is a preview of our South Carolina-specific non-payment notice. The final document includes all statutory language required under S.C. Code §27-40-710 and is formatted for South Carolina court proceedings.
FIVE (5) DAY NOTICE TO PAY RENT OR QUIT
STATE OF SOUTH CAROLINA
Pursuant to S.C. Code §27-40-710
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full South Carolina Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
SOUTH CAROLINA STATUTORY NOTICE:
You have FIVE (5) DAYS from service to pay the full rent due or quit the premises. If you fail to comply, the landlord will file for eviction in South Carolina Magistrate Court.