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Eviction Laws in South Carolina

By Tenant Know-How Editorial TeamLast updated 4 min read
South Carolina Eviction Law at a Glance
Non-Payment Notice
5 days
pay or quit
Lease Violation Notice
14 days
14 days to cure
Month-to-Month Termination
30 days
same for tenant
Court Order Required
Yes — always
Just Cause Required
No
Rent Control
No
Statute: S.C. Code § 27-40-710; § 27-40-770

Non-payment of rent eviction in South Carolina

When a tenant falls behind on rent in South Carolina, the landlord must first serve a 5-day pay-or-quit notice. This gives the tenant 5 days to either pay the full amount owed or vacate. If the tenant does neither, the landlord can file an eviction lawsuit — called an unlawful detainer or summary possession action — in South Carolina court.

A court order is required before any lockout. The landlord cannot change the locks, shut off utilities, or remove the tenant's belongings before winning a judgment.

Lease violation eviction in South Carolina

For non-payment lease violations — unauthorized pets, excess occupants, noise complaints, property damage — the landlord must give 14 days notice. The tenant has 14 days to cure (fix) the violation. If corrected within that window, the tenancy continues. If not cured, the landlord may proceed with filing.

Terminating month-to-month tenancy in South Carolina

To end a month-to-month rental agreement without cause, the landlord must give 30 days written notice. The tenant must give the same 30-day notice to end the tenancy.

Important South Carolina eviction details

South Carolina URLTA. 5-day pay-or-quit for non-payment. 14-day cure notice for lease violations. 30-day notice for month-to-month termination.

What counts as an illegal eviction in South Carolina?

In South Carolina, a landlord who attempts to evict a tenant without following the legal process commits an illegal (self-help) eviction. This includes:

  • Changing the locks without a court order
  • Removing doors, windows, or the tenant's belongings
  • Shutting off utilities (electricity, water, heat)
  • Harassment designed to pressure the tenant to leave

Self-help evictions are prohibited in all 50 states and DC. Tenants who experience an illegal lockout can typically seek emergency relief from a court and may be entitled to damages.

South Carolina Eviction FAQ

How many days notice does a landlord have to give for non-payment of rent in South Carolina?
In South Carolina, a landlord must give at least 5 days' notice to pay or quit before filing for eviction for non-payment of rent, per S.C. Code § 27-40-710; § 27-40-770.
How many days does a tenant have to fix a lease violation in South Carolina?
In South Carolina, the landlord must give 14 days' notice for a lease violation. The tenant typically has 14 days to correct (cure) the violation before the landlord can proceed with eviction.
How much notice is required to terminate a month-to-month tenancy in South Carolina?
In South Carolina, a landlord must give 30 days' notice to terminate a month-to-month tenancy. The tenant must give the same amount of notice to end the tenancy.
Can a landlord evict a tenant without going to court in South Carolina?
No. South Carolina requires a court order to evict. Self-help evictions — changing locks, removing the tenant's belongings, or shutting off utilities — are illegal. The landlord must serve the required notice, wait the notice period, and then file an eviction lawsuit if the tenant does not comply.
Does South Carolina require just cause to evict a tenant?
No. South Carolina does not have a statewide just-cause eviction requirement. Landlords can terminate a month-to-month tenancy by giving the required notice without stating a reason.