The South Carolina eviction notice forms are used to provide notice to tenant that landlord will seek eviction of the tenant if tenant doesn’t rectify the breach by either curing the problem or by moving out. If tenant fails to move out or fix the situation, landlord may then be able to begin eviction proceedings by filing an Application for Ejectment (include the Affidavit and Itemization of Accounts for non-paying tenants). This form is a sample. You should go to your Local Magistrates’ Court to obtain the correct form. The court will issue a Rule to Show Cause which you will have to serve on tenant along with the affidavit. You must make sure that service is done correctly. If the landlord prevails and tenant does not appeal, the court will issue a Writ of Ejectment within five (5) days of the judgment. The tenant will be notified that he or she has 24 hours to vacate before the sheriff comes.
Process – Eviction Process Instructions
Notices By Type
5-Day Notice to Quit (Non-Payment) – A landlord must deliver this form in the event that tenant has failed to pay rent when it is due. The tenant will have five days to comply or vacate. If tenant does neither, landlord can proceed in court.
14-Day Notice to Quit (Non-Compliance) – A landlord must use this form in the event that tenant is breaching the terms of the lease, other than for non-payment of rent. Tenant will have 14 days to fix the problem, or vacate the premises.
30-Day Notice to Quit (Month to Month) – This form is for use when a party seeks to end a month-to-month tenancy. A tenant can be evicted if he or she receives this notice and proceeds to stay over the allotted time.
When is Rent Due
In South Carolina, rent is due on the date agreed to in the lease between tenant and landlord. If tenant is late, landlord may serve notice and tenant will have five days to pay or face eviction proceedings.
How to Evict (Process)
Step 1 – The first step in an eviction action in South Carolina is to serve notice on the tenant that they are not abiding by the terms of the lease, whether by not paying rent when due, or because they are breaching some other term. A landlord must also serve notice on a tenant when he or she does not want to renew a month-to-month tenancy. The various forms of notice are as follows:
- 5-Day Notice to Quit (Non-Payment)
- 14-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If tenant does not respond to the notice in the amount of time provided, landlord may then proceed to the Magistrate’s Court covering the jurisdiction in which the property is located to file an Application for Ejectment (include the Affidavit and Itemization of Accounts for non-paying tenants). The court will issue a Rule to Show Cause with a hearing date and landlord will have to have the tenant served by a process server.
Step 3 – If tenant fails to respond or loses at the hearing, the judge will issue a Writ of Ejectment within five days of the judgment directing sheriff to remove the tenant. The sheriff must give tenant 24 hours notice.