South Carolina Notice to Vacate: 2026 Landlord Rules & 5-Day Rule
Reviewed by DocDraft Legal Team · South Carolina · Last updated 2026-05-31
The South Carolina Residential Landlord and Tenant Act, codified at S.C. Code Title 27, Chapter 40, governs the pre-suit notice a landlord serves to terminate a tenancy. For nonpayment of rent, S.C. Code Ann. § 27-40-710 lets the landlord terminate after written notice if the tenant fails to pay within five days from the date due, while other curable lease violations carry a fourteen-day cure period. Periodic tenancies end on seven days written notice for week-to-week and thirty days for month-to-month under § 27-40-770. South Carolina has no statewide just-cause requirement, so a periodic tenancy may end without a stated reason, subject only to the § 27-40-910 retaliation bar and fair-housing law. Once the notice period passes, the landlord applies to the county magistrate court, which issues a Rule to Vacate or Show Cause under S.C. Code Ann. §§ 27-37-10 through 27-37-40.
How do I serve a notice to vacate in South Carolina?
South Carolina separates two steps. The landlord first serves the pre-suit termination notice under the South Carolina Residential Landlord and Tenant Act; § 27-40-710 requires that notice to be delivered to the tenant, and the Act's notice-delivery rule at § 27-40-220 governs how delivery is effected. Once the landlord applies for ejectment, the court's Rule to Vacate or Show Cause is served separately under § 27-37-30, which permits service in the same manner as a summons in a court proceeding (§ 27-37-30(A)). That section also allows posting if the premises have been abandoned for fifteen or more days (§ 27-37-30(B)), or, after two unsuccessful personal-service attempts separated by stated intervals, service by posting plus mailing, with service complete ten days after mailing (§ 27-37-30(C)).
How many days notice does South Carolina require for nonpayment of rent?
Five days. Under S.C. Code Ann. § 27-40-710, when rent is unpaid when due and the tenant fails to pay within five days from the date due, the landlord may terminate the rental agreement after written notice of nonpayment and intent to terminate. The five days are calendar days, not business days. Alternatively, under § 27-37-10, if the rental agreement states in bold conspicuous type that nonpayment within five days of the due date constitutes legal notice of the landlord's right to begin ejectment, the landlord may proceed without serving a separate written five-day notice.
What notice is required to end a lease with no cause in South Carolina?
South Carolina has no statewide just-cause requirement, so a landlord may end a periodic tenancy without stating a reason by giving the written notice in § 27-40-770: at least seven days before the termination date for a week-to-week tenancy, and at least thirty days before the termination date for a month-to-month tenancy. Where a fixed-term lease has simply expired, the landlord proceeds to the magistrate ejectment action under § 27-37-10(2) on the ground that the term of tenancy has ended, with no separate holdover notice period beyond the periodic-termination notice. A no-cause termination remains subject to the § 27-40-910 retaliation bar and to fair-housing law.
What happens after the notice period if the tenant does not vacate?
If the tenant does not vacate, the landlord applies for ejectment in the magistrate court of the county where the rental property is located. Under S.C. Code Ann. § 27-37-20, the magistrate issues a written rule requiring the tenant to vacate the premises or to show cause why he should not be ejected before the magistrate within ten days after service. If the tenant does not appear and show cause within those ten days, the magistrate issues a warrant of ejectment under § 27-37-40. The eviction action is governed by S.C. Code Ann. §§ 27-37-10 through 27-37-40.
South Carolina notice-to-vacate framework at a glance
South Carolina splits the process across two chapters of the Code of Laws. Chapter 40, the Residential Landlord and Tenant Act, governs the substantive pre-suit notice to terminate the tenancy: five days for nonpayment of rent under S.C. Code Ann. § 27-40-710, fourteen days to cure other lease violations, and seven days (week-to-week) or thirty days (month-to-month) to end a periodic tenancy under § 27-40-770. Chapter 37 governs the eviction action itself: the landlord applies to the magistrate, who issues a Rule to Vacate or Show Cause, and under § 27-37-20 the tenant has ten days after service to vacate or show cause why he should not be ejected. South Carolina has no statewide just-cause requirement and no operating rent control. A notable wrinkle appears in § 27-37-10: a residential lease may state in bold conspicuous type that nonpayment within five days of the due date is itself legal notice, letting the landlord proceed to ejectment without a separate five-day notice. The South Carolina Judicial Branch (sccourts.org) publishes the Rule to Vacate or Show Cause form used in magistrate court.
Landlord Resources
South Carolina Code of Laws (Title 27)
Official South Carolina Code published by the State House, containing Chapter 40 (Residential Landlord and Tenant Act) and Chapter 37 (Ejectment of Tenants) that control the notice and eviction process.
South Carolina Judicial Branch
Official state judicial branch site for magistrate court information and the Rule to Vacate or Show Cause (Eviction) form used to start an ejectment action; also the pointer for current magistrate-court filing fees.
Rule to Vacate or Show Cause (Eviction) form, SCCA733A
South Carolina Judicial Branch magistrate-court form the court issues once a landlord applies for ejectment. Confirm the form number and current version on the official court-forms page before use.
Relevant Laws
S.C. Code Ann. § 27-40-710 (Termination by Landlord)
Sets the five-day nonpayment rule and the fourteen-day cure period for other curable lease violations under the Residential Landlord and Tenant Act, and requires written notice.
S.C. Code Ann. § 27-40-770 (Termination of Periodic Tenancy)
Governs ending a periodic tenancy without cause: at least seven days written notice for week-to-week and thirty days for month-to-month before the termination date.
S.C. Code Ann. § 27-40-910 (Retaliatory Conduct Prohibited)
Bars a landlord from retaliating, including by bringing or threatening an action for possession, after a tenant complains of a code violation or organizes a tenants' union.
S.C. Code Ann. § 27-37-10 (Ejectment Grounds)
Lists the grounds for ejecting a tenant (nonpayment, expired term, or lease violation) and recognizes a bold conspicuous lease clause as legal notice for nonpayment.
S.C. Code Ann. § 27-37-20 (Rule to Vacate or Show Cause)
Directs the magistrate to issue a written rule requiring the tenant to vacate or show cause why he should not be ejected within ten days after service.
S.C. Code Ann. § 27-37-30 (Service of the Rule)
Governs service of the magistrate's Rule to Vacate or Show Cause, including personal service like a court summons, posting on abandoned premises, and posting plus mailing.
Federal SCRA, 50 U.S.C. § 3955 (Termination of Residential Leases)
Federal Servicemembers Civil Relief Act provision giving a servicemember-lessee the option to terminate a residential lease on entry into military service or on qualifying orders.
Regional Variances
South Carolina magistrate-court ejectment practice by county
Charleston County (Charleston)
Ejectment actions are filed in the magistrate court for the county where the rental property sits, so a Charleston property routes to a Charleston County magistrate. The substantive notice rules are statewide: five days for nonpayment under § 27-40-710 and seven or thirty days for periodic terminations under § 27-40-770. After service of the Rule to Vacate or Show Cause, the § 27-37-20 ten-day response window applies the same way across counties. Confirm the current magistrate-court filing fee with the court before filing.
Greenville County (Greenville)
Greenville County magistrate courts handle ejectment for properties in the county under the same statewide framework. Because South Carolina has no statewide just-cause rule and preempts local rent control, no Greenville-specific just-cause or rent-control overlay changes the § 27-40-710 and § 27-37 process. Landlords should still verify the local magistrate court's filing procedure and current fee schedule.
Richland County (Columbia)
Richland County, which includes Columbia, processes ejectment through its magistrate courts under the same Title 27 framework. The five-day nonpayment notice, fourteen-day cure for other breaches, and ten-day Rule to Vacate or Show Cause response window are set by state statute and do not vary by county. Docket volume in a larger county can affect scheduling, so confirm timing and the current fee with the specific magistrate court.
Suggested Compliance Checklist
Identify the statutory ground for termination
Pre-notice days after startingMap the situation to the correct statute. Nonpayment of rent: § 27-40-710 (five-day rule). Other curable lease violation: § 27-40-710 (fourteen-day cure). Ending a periodic tenancy without cause: § 27-40-770 (seven days week-to-week, thirty days month-to-month). Expired fixed term: § 27-37-10(2) ejectment ground that the term has ended.
Check the lease for a bold conspicuous five-day nonpayment clause
Pre-notice days after startingUnder § 27-37-10, if the residential rental agreement states in bold conspicuous type that nonpayment within five days of the due date is legal notice of the landlord's right to begin ejectment, you may proceed to the magistrate action without a separate written five-day notice. Pull the executed lease and confirm whether such a clause exists before deciding whether a separate notice is required.
Draft the written notice to vacate that meets § 27-40-710 content rules
Pre-notice days after startingNotice must be written; oral notice does not satisfy § 27-40-710. For nonpayment, state the nonpayment and your intent to terminate if rent is not paid within five days of the due date. For other curable breaches, specify the acts or omissions and state that the agreement will terminate on a date not less than fourteen days after receipt if not remedied in fourteen days. For a periodic tenancy, give the seven-day or thirty-day notice under § 27-40-770.
Serve the pre-suit notice on the tenant
Service days after startingDeliver the § 27-40-710 termination notice to the tenant. The Residential Landlord and Tenant Act notice-delivery rule at § 27-40-220 governs how delivery is effected for the pre-suit notice. Keep proof of delivery, because the magistrate will look to it if the tenant disputes that notice was given.
Wait the full notice period before applying for ejectment
Notice period days after startingDo not apply for ejectment before the notice period runs. The minimum is five days for nonpayment under § 27-40-710, fourteen days to cure other breaches, or seven or thirty days to end a periodic tenancy under § 27-40-770. Applying before the period expires can be challenged and may force you to re-serve a corrected notice.
Apply for ejectment in the county magistrate court
Post-notice days after startingFile the Application for Ejectment in the magistrate court of the county where the rental property is located. The magistrate then issues a Rule to Vacate or Show Cause under § 27-37-20. Confirm the current filing fee and the court's procedure with the South Carolina Judicial Branch or the specific county magistrate court before filing.
Appear at the show-cause hearing
Hearing days after startingOnce the Rule to Vacate or Show Cause is served, the tenant has ten days under § 27-37-20 to vacate or to show cause why he should not be ejected. Bring the lease, the notice to vacate with proof of service, a rent ledger if nonpayment is the ground, and documentation showing the termination was not retaliatory under § 27-40-910.
Obtain the writ of ejectment
Post-judgment days after startingIf the tenant does not appear and show cause within the ten-day window, or if you prevail at the hearing, the magistrate issues a warrant (writ) of ejectment under § 27-37-40. The appropriate officer executes the writ to restore possession.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground for termination | Map the situation to the correct statute. Nonpayment of rent: § 27-40-710 (five-day rule). Other curable lease violation: § 27-40-710 (fourteen-day cure). Ending a periodic tenancy without cause: § 27-40-770 (seven days week-to-week, thirty days month-to-month). Expired fixed term: § 27-37-10(2) ejectment ground that the term has ended. | - | Pre-notice |
| Check the lease for a bold conspicuous five-day nonpayment clause | Under § 27-37-10, if the residential rental agreement states in bold conspicuous type that nonpayment within five days of the due date is legal notice of the landlord's right to begin ejectment, you may proceed to the magistrate action without a separate written five-day notice. Pull the executed lease and confirm whether such a clause exists before deciding whether a separate notice is required. | - | Pre-notice |
| Draft the written notice to vacate that meets § 27-40-710 content rules | Notice must be written; oral notice does not satisfy § 27-40-710. For nonpayment, state the nonpayment and your intent to terminate if rent is not paid within five days of the due date. For other curable breaches, specify the acts or omissions and state that the agreement will terminate on a date not less than fourteen days after receipt if not remedied in fourteen days. For a periodic tenancy, give the seven-day or thirty-day notice under § 27-40-770. | notice-to-vacate | Pre-notice |
| Serve the pre-suit notice on the tenant | Deliver the § 27-40-710 termination notice to the tenant. The Residential Landlord and Tenant Act notice-delivery rule at § 27-40-220 governs how delivery is effected for the pre-suit notice. Keep proof of delivery, because the magistrate will look to it if the tenant disputes that notice was given. | - | Service |
| Wait the full notice period before applying for ejectment | Do not apply for ejectment before the notice period runs. The minimum is five days for nonpayment under § 27-40-710, fourteen days to cure other breaches, or seven or thirty days to end a periodic tenancy under § 27-40-770. Applying before the period expires can be challenged and may force you to re-serve a corrected notice. | - | Notice period |
| Apply for ejectment in the county magistrate court | File the Application for Ejectment in the magistrate court of the county where the rental property is located. The magistrate then issues a Rule to Vacate or Show Cause under § 27-37-20. Confirm the current filing fee and the court's procedure with the South Carolina Judicial Branch or the specific county magistrate court before filing. | - | Post-notice |
| Appear at the show-cause hearing | Once the Rule to Vacate or Show Cause is served, the tenant has ten days under § 27-37-20 to vacate or to show cause why he should not be ejected. Bring the lease, the notice to vacate with proof of service, a rent ledger if nonpayment is the ground, and documentation showing the termination was not retaliatory under § 27-40-910. | - | Hearing |
| Obtain the writ of ejectment | If the tenant does not appear and show cause within the ten-day window, or if you prevail at the hearing, the magistrate issues a warrant (writ) of ejectment under § 27-37-40. The appropriate officer executes the writ to restore possession. | - | Post-judgment |
Frequently Asked Questions
S.C. Code Ann. § 27-40-710 lets a landlord terminate for nonpayment after written notice once the tenant fails to pay rent within five days from the date due. The lease can change that step. Under § 27-37-10, if the residential rental agreement states in bold conspicuous type that nonpayment within five days of the due date constitutes legal notice of the landlord's right to begin ejectment, the landlord may proceed to the magistrate action without serving a separate written five-day notice. If the lease contains no such bold conspicuous clause, the written five-day notice of nonpayment and intent to terminate is required.
Fourteen days. For curable noncompliance other than nonpayment of rent, § 27-40-710 provides that the rental agreement will terminate on a date not less than fourteen days after the tenant receives the notice if the breach is not remedied within fourteen days. If the breach cannot be remedied within fourteen days but the tenant commences the remedy within that period and pursues it in good faith to completion within a reasonable time, the agreement does not terminate. The written notice must specify the acts or omissions constituting the breach.
Two layers apply. The federal Servicemembers Civil Relief Act at 50 U.S.C. § 3955 gives a servicemember-lessee the option to terminate a residential lease on entry into military service or on qualifying orders, and the SCRA carries eviction protections for active-duty servicemembers. South Carolina's Residential Landlord and Tenant Act also provides a servicemember early-lease-termination right that lets a qualifying tenant end the lease on written notice. South Carolina's Residential Landlord and Tenant Act also provides a servicemember early-termination right; landlords should verify a tenant's military orders and consult the current statute before proceeding, and verify any orders before proceeding with a notice to vacate on that tenancy.
South Carolina requires written notice; oral notice does not satisfy § 27-40-710. For nonpayment, the notice must state the nonpayment and the landlord's intention to terminate if rent is not paid within five days of the due date. For other curable breaches, the notice must specify the acts or omissions constituting the breach and state that the agreement will terminate on a date not less than fourteen days after receipt if not remedied in fourteen days. Periodic terminations require the seven-day or thirty-day notice under § 27-40-770. A notice that omits a required element or states too short a period can be challenged in the magistrate ejectment proceeding and may force the landlord to re-serve a corrected notice.
No. S.C. Code Ann. § 27-40-910 bars a landlord from retaliating after a tenant has complained of a code violation, complained to the landlord of a breach of duty, or organized or joined a tenants' union. Prohibited retaliatory conduct includes increasing rent, decreasing essential services, and bringing or threatening to bring an action for possession. A retaliation defense is a common tenant response in an ejectment proceeding, so a landlord should be able to show a legitimate, non-retaliatory ground for the termination.
After the pre-suit notice period passes, the landlord applies for ejectment in the magistrate court of the county where the property is located. Under § 27-37-20, the magistrate issues a written Rule to Vacate or Show Cause requiring the tenant to vacate or to show cause why he should not be ejected before the magistrate within ten days after service. If the tenant does not appear and show cause within those ten days, the magistrate issues a warrant of ejectment under § 27-37-40. The whole eviction action is governed by S.C. Code Ann. §§ 27-37-10 through 27-37-40.
No. South Carolina has no statewide just-cause eviction requirement, so a landlord may decline to renew an expired lease or end a periodic tenancy on the § 27-40-770 notice without stating a reason, subject only to the § 27-40-910 retaliation bar and to federal and state fair-housing law. South Carolina also does not operate rent control; state law preempts local rent control and no South Carolina municipality runs a rent-control program.
No, not automatically. South Carolina has no statewide statute providing automatic sealing of magistrate-court ejectment records, and magistrate civil filings are generally public. Any sealing would have to be sought through general motion practice rather than occurring automatically on dismissal or settlement.
Other South Carolina guides
How to Break a Lease in South Carolina Legally (2026)
Tenant Rights in South Carolina: Renting a New Property (2026)
Landlord Rules in South Carolina: Renting Out Property (2026)
Selling a House with Renters in South Carolina (2026)
How to File a Small Claims Lawsuit in South Carolina (2026)
How to Dispute a Bill in South Carolina (2026)
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