Eviction Notice Period in South Carolina (SC)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
South Carolina requires 5 days notice for nonpayment with a right to cure. The South Carolina Residential Landlord and Tenant Act provides a basic framework. South Carolina is rated as having Moderate Protections based on notice periods, cure rights, and just cause requirements.
Non-Payment of Rent Eviction in South Carolina
In South Carolina, a landlord must provide 5 days' written notice before filing for eviction based on nonpayment of rent. This is a moderate notice period that balances the landlord's interest in timely payment with the tenant's need for reasonable time to respond. Tenants have the right to cure the default by paying the full amount owed within 5 days to stop the eviction proceeding.
Lease Violation Eviction in South Carolina
When a tenant violates a lease term other than nonpayment of rent (such as unauthorized pets, excessive noise, or unauthorized occupants), South Carolina landlords must provide 14 days' notice specifying the violation. The tenant has the opportunity to cure the violation within the notice period to prevent eviction proceedings. Common lease violations include unauthorized subletting, property damage, nuisance behavior, and violating building rules.
No-Fault Termination in South Carolina
For month-to-month tenancies without cause, South Carolina requires 30 days' notice to terminate. Because South Carolina does not require just cause for eviction, landlords can terminate month-to-month tenancies for any reason (or no reason) as long as proper notice is given. However, retaliatory and discriminatory evictions are prohibited.
Tenant Rights During Eviction in South Carolina
Tenants in South Carolina have several important rights during the eviction process. The right to cure allows tenants to fix the issue within 5 days and stop the eviction. Self-help evictions -- where a landlord changes locks, removes belongings, or shuts off utilities -- are illegal in South Carolina and all other states. Only a sheriff or marshal can physically remove a tenant after a court order.
- Right to receive proper written notice before any court filing
- Right to appear in court and present a defense
- Right to cure the default within 5 days
- Protection against retaliatory eviction for exercising legal rights
- Protection against discriminatory eviction under fair housing laws
- Right to remain in the unit until a court orders removal
City-Specific Eviction Rules in South Carolina
Many cities in South Carolina have additional local ordinances that affect eviction procedures and tenant protections. Below are details for 2 major cities.
| City | Non-Payment | No-Fault | Notes |
|---|---|---|---|
| Charleston | 5 days | 30 days | Follows state law with no additional local protections. |
| Columbia | 5 days | 30 days | Follows state law with no additional local protections. |
Typical Eviction Timeline in South Carolina
While the notice period is just the first step, here is what the full eviction process typically looks like in South Carolina:
5 days for nonpayment, 14 days for lease violation, 30 days for no-fault
Tenant has 5 days to fix the issue and stop the eviction
Landlord files an eviction complaint. Tenant is served and given time to respond.
Both parties appear before a judge. Tenant can present defenses.
If the landlord wins, the court issues a writ. Only a sheriff can enforce removal.
How South Carolina Compares
Below is a comparison of South Carolina with five states that have similar nonpayment notice periods. This can help you understand where South Carolina falls on the spectrum of eviction protections nationwide.
| State | Non-Payment | Lease Violation | No-Fault | Cure Right | Just Cause |
|---|---|---|---|---|---|
| South Carolina (SC) | 5 days | 14 days | 30 days | Yes | No |
| Arizona (AZ) | 5 days | 10 days | 30 days | Yes | No |
| Delaware (DE) | 5 days | 7 days | 60 days | Yes | No |
| Hawaii (HI) | 5 days | 10 days | 45 days | Yes | No |
| Illinois (IL) | 5 days | 10 days | 30 days | Yes | No |
| Louisiana (LA) | 5 days | 5 days | 30 days | No | No |
Frequently Asked Questions About Eviction in South Carolina
How many days notice does a landlord have to give in South Carolina?
For nonpayment of rent, South Carolina requires 5 days written notice. For lease violations, 14 days notice is required. For no-fault termination of a month-to-month tenancy, 30 days notice is needed. These are minimum requirements -- local ordinances may require more.
Can I cure the eviction by paying rent in South Carolina?
Yes, South Carolina allows tenants to cure a nonpayment default by paying the full amount owed within 5 days of receiving notice. This stops the eviction process. However, some states limit cure rights for repeat offenses.
Does South Carolina require just cause for eviction?
No, South Carolina does not require just cause for eviction. Landlords can terminate month-to-month tenancies for any lawful reason with 30 days notice. However, retaliatory and discriminatory evictions are still prohibited.
How long does a full eviction take in South Carolina?
The total timeline depends on the notice period (5 days for nonpayment), court scheduling (varies by county), and any continuances or appeals. In South Carolina, the complete process from notice to physical removal typically takes 2-6 weeks. Contested evictions or baclogged courts can extend this significantly.
Can my landlord change the locks or shut off utilities in South Carolina?
No. Self-help evictions are illegal in South Carolina and every other state. A landlord cannot change locks, remove belongings, or shut off utilities to force a tenant out. Only a sheriff or marshal can physically remove a tenant after a court has issued a writ of possession. Tenants who experience self-help evictions may have legal remedies including damages.
Explore More States
Use our eviction notice lookup tool to quickly find notice requirements for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.