South Carolina Notice to Quit
The South Carolina Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time. South Carolina Notice to Quit forms are commonly used to inform the tenant of nonpayment of rent, lease termination, and health hazard or injury to the property.
South Carolina Notice to Quit - Why it is important?
You can use the notice to quit form to end your South Carolina Residential Lease if the tenant has failed to pay rent. The South Carolina Notice to Quit Form should not be confused with the "Writ of Possession" (read more about South Carolina eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for “unlawful detainer”, in which case the tenant has the option to fight the eviction in court.
- Serving a Notice to Quit is one of the first steps South Carolina property management companies can take to regain possession of rental property from the tenant.
South Carolina Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order.
South Carolina Notice to Quit – When should it be used?
A South Carolina Notice to Quit should be used before starting the eviction process when a landlord or property manager wants a tenant to either correct a lease violation or vacate the rental property within the legally required timeframe.
- First Step in Eviction: A Notice to Quit is generally the first required step a landlord must take in South Carolina before filing an eviction (Rule to Show Cause) with the Magistrate Court.
- Violation Notification: The notice informs the tenant of a specific lease or statutory violation and states whether the tenant has the option to remedy the issue or must vacate the property by a specified date.
- Legal Requirement: South Carolina law requires landlords to properly serve the appropriate Notice to Quit before initiating eviction proceedings. Failure to serve the correct notice may result in dismissal of the eviction case.
- Common Reasons: A South Carolina Notice to Quit is commonly issued for nonpayment of rent, material noncompliance with the lease, property damage, unlawful activity, unauthorized occupants, or termination of tenancy.
- Notice Periods: 5-day notice to pay rent or quit for nonpayment of rent. 30-day notice to terminate a month-to-month tenancy without cause.
- Tenant’s Right to Cure: For nonpayment of rent and most curable lease violations, South Carolina tenants are generally allowed to correct the issue within the notice period to avoid eviction, unless the lease legally waives the right to notice for nonpayment.
Property managers can use property management software to track each individual South Carolina rental lease and make sure their tenants are paying the correct amount of rent and on time.
South Carolina Notice to Quit – What should be included?
The South Carolina Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in South Carolina:
- Address of the Rental Property: Full legal address, including unit number if applicable.
- Name of Tenant and Other Persons: Full legal names of all tenants and other individuals required to vacate.
- Date of the Notice: The date when the Notice to Quit is issued.
- Landlord or Property Manager's Name: The full name or legal business name of the landlord or entity issuing the notice.
- Notice Period: Clearly specify the notice duration (e.g.,57 days for nonpayment & and 30 days for termination of month-to-month tenancies).
- Move-Out Date (Vacate Date): The exact date by which the tenant must vacate the property.
- Reason for Lease Termination: Clearly state the reason (e.g., nonpayment, lease violation).
- Signature of Party Giving Notice: The signature of the landlord or tenant, depending on who is initiating the notice.
- Legal Disclaimer: A statement confirming compliance with South Carolina Civil Code and specifying that the notice may not be valid outside South Carolina.
South Carolina Notice to Quit – What should I do with it?
The Notice to Quit Form must be “served” to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the South Carolina Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the South Carolina Notice to Quit Form using First Class Certified Mail and retain the receipt.
South Carolina Notice to Quit – What else should I know?
There are generally three types of South Carolina Notice to Quit Forms. The South Carolina Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The South Carolina Notice to Quit Form for Termination of Tenancy is similar to the South Carolina Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in South Carolina), or if there is no lease and you just want the tenant to leave. It is different from the South Carolina Lease Termination Form, which terminates the South Carolina Lease Agreement when there are other breaches in contract. The South Carolina Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.
After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in South Carolina. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.
Key Terms & Provisions
A South Carolina Notice to Quit is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the Rental Agreement. It must comply with South Carolina Civil Code and be delivered in a legally acceptable way:
- Date of Notice – The specific calendar date when the notice is issued.
- Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
- Rental Property Address – Full legal address and unit description.
- Notice Period: Clearly state the notice length
- Move-Out Date
- Reason for Termination
- Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
- Legal Disclaimer: A statement acknowledging that the form complies with South Carolina Civil Code and may not be valid outside South Carolina.
Why South Carolina Landlords & Property Managers Choose SimplifyEm Notice to Quit Template?
We understand the importance of handling lease terminations legally and efficiently in South Carolina. That’s why our South Carolina Notice to Quit Template is designed to simplify the process and reduce legal risk. Here’s why landlords and property managers trust SimplifyEm’s template:
- Legally Compliant – Our Notice to Quit form is up-to-date with South Carolina Civil Code and local laws, ensuring your notices are valid and enforceable.
- Flexible Notice Periods – The template supports legally required South Carolina notice timelines, such as 5 days to cure lease violations, and 30 days for termination of month-to-month tenancies, depending on the situation.
- Simple & User-Friendly – Designed for ease of use, our template allows landlords to quickly fill in essential details and issue notices accurately.
- Helps Prevent Disputes – Clear language and proper documentation reduce the risk of misunderstandings or legal challenges during move-out.
- Trusted by Thousands – SimplifyEm is a top-rated provider of property management tools, trusted by property owners nationwide.
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Frequently Asked Questions - FAQs
What is a South Carolina Notice to Quit?
A South Carolina Notice to Quit is a written notice from a landlord to a tenant stating that the tenant must pay rent, cure a lease violation (when allowed), or vacate within the required time. It is generally a required step before filing an eviction (Rule to Show Cause/Unlawful Detainer) under the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40).
How much notice is required to quit a rental in South Carolina?
Under Title 27, Chapter 40 – South Carolina Code:
- 7 days’ notice for nonpayment of rent ((pay within 5 days or the landlord may terminate and proceed to eviction).
- 14 days’ notice to cure most lease violations other than nonpayment (cure within 14 days or the lease may terminate).
- 7 days’ notice for week-to-week tenancies.
- 30 days’ notice for month-to-month tenancies.
- Fixed-term leases end automatically on the expiration date unless renewed.
Can a landlord give a Notice to Quit without stating a reason?
Yes. For week-to-week or month-to-month tenancies, a landlord may terminate without stating a reason as long as proper written notice is given (7 days or 30 days) and the termination is not retaliatory or discriminatory.
Can a landlord give a Notice to Quit before the lease ends?
Yes, but typically only if there is a lawful basis to end the tenancy early—such as nonpayment (5-day notice) or a lease violation (14-day notice to cure)—or if both parties agree in writing to terminate early.
What information must be included in a Notice to Quit?
A South Carolina Notice to Quit must include:
- Date of Notice: The specific calendar date when the notice is issued.
- Names of All Parties Involved: Full legal names of the tenant(s) and landlord/property manager.
- Rental Property Address: Full legal address and unit description.
- Notice Period: Clearly state the notice length
- Move-Out Date
- Reason for Termination
- Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
- Legal Disclaimer stating compliance with Title 27, Chapter 40 – South Carolina Code.
How should a Notice to Quit be delivered in South Carolina?
Legal delivery methods include:
- In hand to the tenant, or
- Mailed by registered or certified mail to the tenant’s designated address (or last known residence). Proof of mailing is sufficient under the statute.
What happens if a tenant doesn’t leave after receiving a Notice to Quit?
If the tenant does not pay, cure, or vacate by the deadline, the landlord may file an eviction action in court. If the landlord wins, the court can issue an order/writ restoring possession, and law enforcement may remove the tenant.
Is a Notice to Quit the same as a Notice to Vacate?
Not exactly. A “Notice to Quit” usually refers to a landlord’s notice demanding payment/cure/vacate or ending a tenancy. A “Notice to Vacate” is commonly used for a tenant’s move-out notice or a no-cause termination notice—but in practice, the terms are often used interchangeably depending on the form.
Do landlords need to give written notice if their lease is ending?
A fixed-term lease typically ends on its expiration date, but if the lease requires a non-renewal notice, the landlord must follow the lease terms. Written notice is strongly recommended to prevent holdover disputes.
Can a landlord email a South Carolina Notice to Quit?
Email is not a default statutory method. Unless the lease clearly authorizes electronic notice and the parties agreed to it, landlords should use hand delivery or registered/certified mail.
Does South Carolina Landlord and Tenant Law change notice periods in South Carolina?
Title 27, Chapter 40 controls the required notice periods for residential tenancies (including the 5-day rent notice and 14-day cure notice). A lease generally cannot reduce statutory tenant protections, and for nonpayment, the statute also allows a lease clause to satisfy the notice requirement.
Can a South Carolina Notice to Quit be used as a lease termination notice?
Yes, a Notice to Quit can serve as a Lease Termination notice:
- Month-to-month lease: 30-day notice.
- Week-to-week lease: 7-day notice.
- Fixed-term lease: it ends at expiration unless renewed, but early termination generally requires a lawful reason (nonpayment/violation with proper notice) or a written agreement
Where can I get a South Carolina Notice to Quit Form?
You can download a legally compliant, easy-to-use South Carolina Notice to Quit Form for landlords or tenants here:
https://www.simplifyem.com/forms/south-carolina-notice-to-quit
Pro tip for Property Managers and Landlords
Always use a customizable South Carolina Notice to Quit template to ensure compliance with South Carolina Uniform Residential Landlord and Tenant Act and simplify modifications or renewals.
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