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South Carolina Eviction Notice Forms (3)

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South Carolina Eviction Notice Forms (3)

Updated June 29, 2023

A South Carolina eviction notice is sent by a landlord to a tenant found to be in violation of the terms of a lease agreement. The notice must be sent in accordance with State laws, with the tenant being given a specific period of time to respond. If the tenant remains in violation of the lease after the notice period ends, the landlord may seek to file an Application for Ejectment (SCCA/732) at the local Magistrate Court.

By Type (3)

5-Day Notice to Quit (Non-Payment of Rent) – A landlord must deliver this form in the event that the tenant has failed to pay rent when it is due. The tenant will have five days to comply or vacate. If the tenant does neither, the landlord can proceed in court.

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14-Day Notice to Quit (Non-Compliance) – A landlord must use this form if the tenant is breaching the lease terms, other than for non-payment of rent. The tenant will have 14 days to fix the problem or vacate the premises.

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30-Day Notice to Quit (Month-to-Month Tenancy) – 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.

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Table of Contents

Eviction Laws

Court Forms

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Application for Ejectment (SCCA/732) – A petition filed by landlords when trying to evict a tenant from a rental unit. Before this document can be filed, the landlord must notify their tenant of the eviction by serving them with a written notice to quit.

Affidavit and Itemization of Accounts (SCCA/716) – If the eviction is for the non-payment of rent, this affidavit must be completed by the landlord and included with the Application for Ejectment. This form lists and itemizes the amounts owed by the tenant.

Rule to Show Cause (SCCA/733A) – Delivered to tenants by the court to notify them that an eviction lawsuit has been filed against them. Tenants must respond to this notice or vacate the premises within ten (10) days.

Writ of Ejectment (SCCA/734) – Should a landlord prevail in an eviction lawsuit, this document will be issued which provides the sheriff’s department with authorization to remove the tenant from the premises.

When is Rent Due

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In South Carolina, rent is due on the date agreed to in the lease between tenant and landlord. If the tenant is late, the landlord may serve notice and the tenant will have five days to pay or face eviction proceedings.

How to Evict (Process)

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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:

Step 2 – If the tenant does not respond to the notice in the amount of time provided, the 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 the landlord will have to have the tenant served by a process server.

Step 3 – If the tenant fails to respond or loses at the hearing, the judge will issue a Writ of Ejectment within five days of the judgment directing the sheriff to remove the tenant. The sheriff must give the tenant 24 hours’ notice.