South Carolina Eviction Notice Forms | 5 Day Notice for NonPayment | PDF
The South Carolina eviction notice must be filed by a Landlord through the appropriate legal process to evict a tenant. The State has established a Landlord and Tenant Act that governs this process.
1. Notice
Not every type of eviction in South Carolina requires a notice. For failure to pay rent, landlords may file an eviction action without giving tenants notice if the lease states that no notice is required to evict for failure to pay rent. If the lease does not state this, then the landlord must give five (5) days’ written notice before filing the action. The tenant may pay rent during that time to avoid the eviction.
If the tenant violates the lease, the property owner must give a written 14-day notice. It must state how the tenant violated the lease and that the tenant has 14 days to correct the violation. For month-to-month leases, the owner must give 30 days’ notice.
2. Ejectment Action
If the tenant does not leave or fix the violation within the notice period, the owner may file an ejectment action, meaning an eviction. This should be done at the magistrate court in the jurisdiction where the property is. The sheriff will serve the ejectment action to the tenant, along with an affidavit (attached in the ejectment action). This form requests that the tenant try to settle the dispute with the landlord, but that if the two cannot, the tenant must request a hearing. If the tenant does not request a hearing, the landlord will win the case.
3. Hearing
If the case goes to a hearing, the landlord will have to prove his or her case. This means he or she should bring all relevant evidence, such as the lease, photos of damage, or witnesses. Of course, the tenant may offer defenses to show the landlord is wrong. If either party fails to appear at the hearing, the other party will win by default. If the landlord wins, the judge will issue a Writ of Ejectment.
The sheriff will serve the Writ after five days. The writ gives the tenant 24 hours to leave the property, after which time the owner can remove the tenant and the tenant’s property with the sheriff’s supervision.
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