Housing & Tenant · Eviction Notice
Eviction Notice in South Carolina
How many days of written notice a landlord must give before filing an eviction in South Carolina, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in South Carolina
The written notice for each reason a landlord can end a tenancy, and what each one means.
The lease clause has to be in bold conspicuous type to remove the separate 5-day notice. A clause buried in ordinary text should not qualify, which gives a renter something concrete to check. One such notice earlier in the tenancy also discharges the duty for the rest of the term.
| Reason for the notice | Notice in South Carolina | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay5 days | A 5-day written notice to pay before the landlord may seek ejectment (S.C. Code 27-40-710). Paying within the five days keeps the tenancy. |
| Nonpayment where the lease carries the bold-type clause | Can fix and stayNone (no separate notice) | Where the lease states in bold conspicuous type that nonpayment within five days of the due date is itself legal notice of the right to begin ejectment, the landlord may go straight to the magistrate with no separate notice (S.C. Code 27-40-710). Paying can still resolve it. |
| Curable noncompliance other than rent | Can fix and stay14 days | A curable lease violation terminates the agreement not less than fourteen days after receipt if not remedied. If the fix cannot be completed in fourteen days but is begun in good faith and pursued to completion within a reasonable time, the tenancy does not terminate (S.C. Code 27-40-710(A)). |
| After the notice | Court | A written notice, then an ejectment action before a magistrate. The bold-type lease clause skips the first step. Only a court can order a tenant removed. |
| Statute | S.C. Code Ann. §27-40-710 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in South Carolina. This is legal information, not legal advice.
- Check your lease for the bold-type clause
The whole question in South Carolina can turn on one lease clause. Look for bold, conspicuous wording saying that not paying within five days of the due date is itself your notice of eviction. If it is there, you may not get a separate 5-day notice.
- Pay within five days either way
Whether or not the bold clause is present, paying the overdue rent within five days of the due date keeps the tenancy. Keep proof of what you paid and when, because with the bold clause there may be no second warning.
- Use the good-faith cure rule for repairs
For a lease violation you get 14 days, and if a genuine repair cannot be finished in time but is started in good faith and pursued to completion within a reasonable time, the tenancy does not terminate. Document that you began the work on time.
- Get local legal help
A local South Carolina legal aid office can read the bold-type clause in your lease and explain the magistrate process. Search for legal aid in your county and act quickly, especially if your lease carries the clause.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What South Carolina renters get wrong
South Carolina joins Louisiana and Indiana in the small group of states where the lease can take the notice away, but it does it in the most checkable way of the three. The clause has to be in bold conspicuous type, and the statute even scripts the wording that satisfies it: a lease saying that not paying within five days of the due date is itself legal notice of the landlord right to begin ejectment (S.C. Code 27-40-710). That turns the whole question into something a renter can settle in thirty seconds by looking at their own lease. Where the clause is present, the landlord can go straight to the magistrate with no separate notice, and a single such notice earlier in the tenancy discharges the duty for the rest of the term. Where it is not, the renter gets a 5-day notice to pay. Either way, paying within five days of the due date keeps the tenancy. A lease violation gets fourteen days, with a real protection most states lack: a repair begun in good faith and pursued to completion within a reasonable time does not terminate the tenancy even if it runs past fourteen days. Only a court can order a tenant out.
Common questions
Does my South Carolina lease have the bold-type clause?
Look for bold, conspicuous wording stating that nonpayment within five days of the due date is itself legal notice of the landlord right to begin ejectment. S.C. Code 27-40-710 lets that clause replace the separate 5-day notice, so its presence changes whether you get a warning.
What counts as bold and conspicuous in South Carolina?
The statute requires the clause to be in bold conspicuous type, not buried in ordinary lease text. A clause set in the same plain font as the rest of the lease is a fair thing to challenge, so check how the wording actually appears in your document.
Do I still get five days to pay even without a notice in South Carolina?
The five days is tied to the due date. Paying within five days of when the rent was due keeps the tenancy, but where the lease carries the bold-type clause you may not receive a separate notice reminding you, so treat the due date as your deadline.
Why does a lease violation get 14 days in South Carolina?
S.C. Code 27-40-710(A) gives a curable lease violation fourteen days, more room than the five days for rent. It also protects a renter who starts a genuine repair on time, because a fix pursued in good faith to completion within a reasonable time does not terminate the tenancy even if it overruns.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.