South Carolina’s landlord-tenant law establishes clear notice requirements that landlords must follow before pursuing eviction. The notice period depends on the reason for eviction, ranging from five days for non-payment of rent to 14 days for lease violations. Understanding these notice periods and your rights when responding to an eviction notice is essential for protecting your tenancy and ensuring your landlord complies with state law.
The Short Answer
Non-payment of rent: 5 days (pay or quit) Lease violation (curable): 14 days to cure Lease violation (non-curable): 14 days unconditional Month-to-month termination: 30 days
Eviction Notice Types in South Carolina
South Carolina law recognizes several types of eviction notices, each with distinct purposes and timelines. The most common is the “pay or quit” notice for non-payment of rent. Landlords must provide written notice giving you five days to pay all back rent or vacate the premises. The notice must clearly state the amount of rent owed, the property address, and the deadline for payment. If you pay the full amount within five days, the eviction process must stop.
For lease violations, South Carolina requires a 14-day notice to cure (or quit). This applies to curable violations such as unauthorized occupants, pet policy violations, excessive noise, or property damage. You have 14 days to correct the violation. For non-curable violations—such as criminal activity on the premises or repeated violations of the same lease term—landlords may issue an unconditional 14-day notice to vacate, meaning you must leave within 14 days regardless of whether the violation can be fixed.
For month-to-month tenancies or when a lease term expires, landlords must provide 30 days’ written notice to terminate the tenancy. The notice must include the specific termination date.
Step-by-Step: The Eviction Process in South Carolina
If you do not comply with the notice within the specified timeframe, your landlord may file an eviction lawsuit (called a “summary ejectment” action) in magistrate’s court or civil court, depending on your county. You will receive a summons and complaint. South Carolina law requires the court to schedule a hearing, typically within a few weeks.
At the hearing, you have the opportunity to present a defense. Possible defenses include improper notice, proof of payment, breach of the warranty of habitability, retaliation, or discrimination. South Carolina recognizes an implied warranty of habitability, meaning landlords must maintain the property in a safe and livable condition. If your landlord has failed to make necessary repairs, this can be a strong defense.
If the court rules for your landlord, a judgment for possession is entered. You typically have a brief period to appeal or vacate before a sheriff’s deputy can physically remove you.
What Happens If Your Landlord Skips Proper Notice?
If your landlord fails to provide the required notice period—such as by attempting to lock you out without providing the five-day or 14-day notice period—this constitutes an illegal self-help eviction. South Carolina law strictly prohibits self-help evictions. You may sue your landlord for damages, including actual damages (moving costs, storage, temporary housing) and potentially statutory damages.
Additionally, if the notice is defective—such as containing an incorrect rent amount, an unclear deadline, or being improperly served—you can challenge it in court. A defective notice may result in dismissal of the eviction case, giving you more time to pay, cure the violation, or make alternative arrangements.
What NOT to do: Do not ignore an eviction notice or court papers. Do not fail to appear at your hearing; a default judgment against you will be entered and will damage your ability to find future housing and defend yourself in other legal matters. Do not allow yourself to be locked out or have your belongings removed without a court order; contact law enforcement and seek legal assistance immediately.
How to Respond to an Eviction Notice
Upon receiving a pay-or-quit notice in South Carolina, your immediate priority is to gather funds to pay the back rent within five days if possible. If you can pay in full by the deadline, do so and request a written receipt and acknowledgment that the debt is satisfied. Keep all documentation.
If you cannot pay within five days, contact your landlord immediately to discuss payment options. Some landlords may accept a partial payment or a payment plan if you act quickly and demonstrate good faith.
If you receive a cure-or-quit notice for a lease violation, take immediate action to remedy the violation and document your efforts. For example, if the violation involves an unauthorized occupant, ensure that person leaves and gather evidence of their removal. If it involves property damage, obtain repair estimates and proof of repairs completed.
When a court case is filed, respond by filing an Answer or appearing at your scheduled hearing. Bring evidence supporting your defense. If you paid rent within the five-day window, bring proof of payment. If you cured the violation, bring documentation. Consider consulting with an attorney or seeking assistance from a legal aid organization. Many South Carolina legal services provide free or low-cost representation to tenants facing eviction, particularly if you have valid defenses such as habitability issues, discrimination, or retaliation.
Real Situations in South Carolina
A Columbia tenant falls behind on rent and receives a 5-day pay-or-quit notice under S.C. Code Ann. § 27-40-710 on a Monday. The tenant’s paycheck arrives on Friday, but the landlord has already filed a summary ejectment action in magistrate’s court on Wednesday evening, before the full 5-day period has elapsed. The tenant’s delayed payment on Friday does not stop the court case, and they must appear in court to raise the payment as a defense.
A Charleston renter receives a 14-day cure-or-quit notice for allowing an unauthorized roommate to occupy the unit. The tenant makes arrangements for the roommate to leave by day 10 and sends written proof of the move-out to the landlord on day 10. However, the landlord argues that the violation is “non-curable” because the unauthorized occupancy was a serious breach of the lease, meaning the cure period is irrelevant, and the landlord is within rights to file for eviction anyway.
A Greenville month-to-month tenant receives a 30-day termination notice that states “Your tenancy ends on the following date: April 15, 2026” but is served on March 16, which is only 30 days if counted inclusively (March 16 = day 1). The tenant believes they have until April 16. The landlord’s notice is ambiguous about the counting method, and the tenant raises this as a defect in court, but only if they consult legal aid and prepare their answer in time.
Common Mistakes South Carolina Tenants Make When Facing Eviction
Thinking that paying rent two or three days late is acceptable. South Carolina requires full payment within 5 days of receiving a pay-or-quit notice. If the notice is served on Monday, you must pay by Friday evening. If you pay on Saturday or Sunday, the deadline has passed, and the landlord can proceed with filing. Act immediately on day 1—do not assume you have time to arrange funds gradually.
Partially curing a violation and thinking that stops the eviction. If you receive a 14-day cure-or-quit notice for a lease violation, the violation must be completely remedied by day 14. Showing that you have started to cure it (moved out part of unauthorized occupancy, started repairs, etc.) does not satisfy the notice. The cure must be comprehensive and documented by the deadline.
Failing to raise habitability defenses in your court answer. South Carolina recognizes an implied warranty of habitability, meaning landlords must maintain safe, livable conditions. If your apartment has serious mold, lacks heat or hot water, has broken locks, or is infested with pests, you have a valid defense to eviction. Many tenants do not know to raise this defense. Include it in your Answer or mention it when you appear in court.
Key Statute
South Carolina Eviction Law: S.C. Code Ann. § 27-40-710 (Eviction Notice) and § 27-40-720 (Removal of Tenant)
For comprehensive South Carolina landlord-tenant law, consult the South Carolina Code of Laws, Title 27, Chapter 40.
Related Guides
- Tenant Rights Guide: Know Your Rights in Every State — the complete hub for tenant protections, security deposit laws, and landlord obligations
- South Carolina Security Deposit Laws — your rights when it comes to getting your deposit back in South Carolina
- South Carolina Small Claims Court — how to take legal action against your landlord without hiring an attorney
- South Carolina Wage Theft Laws — South Carolina wage laws, overtime rights, and how to recover unpaid wages
- South Carolina Tenant Rights Guide — complete tenant rights guide for South Carolina renters
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always verify current rules at the source linked above or consult a licensed South Carolina attorney. Last reviewed: March 2026.