Eviction notices in South Carolina

If rent is not paid within 5 days from the date it is due, the landlord may terminate the lease if the landlord has given written notice of nonpayment and of the intent to terminate if rent is not paid within that period (S.C. Code § 27-40-710(B)). One such notice covers the whole lease term, and the notice requirement is fully met if the written lease contains the statutory "IF YOU DO NOT PAY YOUR RENT ON TIME" clause (or a substantially equivalent clause); then no separate notice is required, even after the lease converts to month-to-month (§ 27-40-710(B); § 27-37-10(B)). The 5 days run from the rent due date, not from the notice.

Can the tenant pay to stop it? The tenant can avoid termination by paying the rent within 5 days from the due date.

Type:

Pay or move out

Notice period:

5 business days

Days not counted:

Intermediate Saturdays, Sundays and State or Federal holidays (period under 7 days, SCRCP 6(a))

Law:

S.C. Code § 27-40-710(B); § 27-37-10(B)

For a lease breach other than nonpayment, or a breach of tenant duties materially affecting health and safety, the landlord may deliver written notice describing the breach and stating the lease will end on a date at least 14 days after receipt if not remedied within 14 days (S.C. Code § 27-40-710(A); § 27-40-720).

Chance to fix it: If the breach can be fixed and the tenant fixes it within 14 days (or starts within 14 days and finishes in good faith within a reasonable time), the lease does not end.

Type:

Fix it or move out

Notice period:

14 days

Law:

S.C. Code § 27-40-710(A); § 27-40-720

Time periods in the landlord-tenant act are computed under the S.C. Rules of Civil Procedure (S.C. Code § 27-40-240(D)). Under SCRCP 6(a), the day of the event is not counted; the last day is counted unless it is a Saturday, Sunday or State or Federal holiday, in which case the period runs to the end of the next business day; and for periods of less than 7 days (such as the 5-day rent period), intermediate Saturdays, Sundays and holidays are excluded. Notice mailed by registered or certified mail is effective on proof of mailing (§ 27-40-240(B)(3)).

A tenant "receives" notice when it is handed to the tenant or mailed by registered or certified mail to the place the tenant designated (or the last known residence); proof of mailing is enough (S.C. Code § 27-40-240(B)(3)). The rent notice may instead be contained in the written lease (§ 27-40-710(B)).

The landlord applies to the magistrate, who issues a rule requiring the tenant to vacate or appear and show cause within 10 days after service (S.C. Code § 27-37-20). If the tenant does not appear within 10 days, the magistrate issues a writ (warrant) of ejectment carried out by a constable or the sheriff (§ 27-37-40; § 27-40-790(c)). A landlord may not recover possession by lockout or by cutting essential services except as the chapter allows (§ 27-40-760); an unlawfully ousted tenant may recover 3 months' rent or twice actual damages plus fees (§ 27-40-660).

• A tenant who raises defenses must pay rent coming due after the rule is issued, and the rent allegedly owed before it, unless the court decides otherwise (S.C. Code § 27-40-790).
• A violation of § 27-40-540 (using the unit other than as a dwelling, or illegal activity) is handled under the same 5-day provision as nonpayment (§ 27-40-710(B)).
• Personal property put on the street after an eviction may be removed by officials after 48 hours, excluding weekends and holidays (§ 27-40-710(D)); magistrate courts use the same weekend-exclusion rule for short periods (S.C. Magistrate Court Rule 3).

• South Carolina notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• South Carolina security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act), §§ 27-40-240, -540, -660, -710, -720, -760, -790 Retrieved October 13, 2026.
• S.C. Code Title 27, Chapter 37 (ejectment of tenants), §§ 27-37-10 to -40 Retrieved October 13, 2026.
• S.C. Rules of Civil Procedure, Rule 6 (time) Retrieved October 13, 2026.
• S.C. Magistrate Court Rule 3 (computation of time) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.