South Carolina: Month-to-Month Tenancy Termination Notice Requirements
The short answer
In South Carolina, either the landlord or the tenant may end a month-to-month tenancy with at least 30 days' written notice. The clock is the same for both sides. The tenancy ends on the termination date named in the notice, which must be at least 30 days out — the date does not have to line up with a rent-due date. South Carolina has no statewide 'just cause' law, so a timely no-cause notice needs no reason under state law.
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This is the general rule in South Carolina. Ezel applies current South Carolina law to your specific facts and answers with citations to the statutes.
| Governing law | The South Carolina Residential Landlord and Tenant Act governs. S.C. Code § 27-40-770(b) fixes the month-to-month termination notice; § 27-40-310(d) makes any periodic tenancy without a fixed term month-to-month (week-to-week only for a weekly-paying roomer); § 27-40-240 defines how notice is given and received. Scope here is a no-fault termination; holdover, nonpayment, and lease-breach remedies elsewhere in the Act are outside this survey |
|---|---|
| Landlord's notice period | At least 30 days' written notice. 'The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice' (§ 27-40-770(b)). There is no occupancy-length tier and no longer landlord-only clock. A week-to-week tenancy instead takes at least seven days (§ 27-40-770(a)) |
| Tenant's notice period | The same — at least 30 days' written notice. Section 27-40-770(b) applies to 'the landlord or the tenant' alike, so the clock is symmetric: either side gives at least 30 days before the termination date it names |
| When termination takes effect | Free-floating. The 30 days is measured 'before the termination date specified in the notice' (§ 27-40-770(b)) — the notice picks its own end date, and that date only has to be at least 30 days after the notice is given. Unlike some states, South Carolina does NOT require the end date to fall on a rent-due date or the last day of a rental period; count 30 days from the notice to the date you choose |
| Form and required contents | Written, and it must state a termination date. Section 27-40-770(b) requires 'a written notice' and measures the 30 days 'before the termination date specified in the notice,' so a specific end date is a necessary part of the notice. The Act prescribes no other required language for a no-fault month-to-month termination |
| How notice must be delivered | Governed by § 27-40-240. A party 'gives' notice 'by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it.' A tenant 'receives' it when delivered in hand or 'mailed by registered or certified mail' to the address the tenant holds out or the last known residence, and 'proof of mailing pursuant to this subsection constitutes notice without proof of receipt'; a landlord receives it at the business address through which the agreement was made |
| What the lease can change | The rental agreement may set the term and other conditions 'not prohibited by this chapter' (§ 27-40-310(a)), so the parties can create a fixed-term lease (which ends on its own terms) or a weekly period (7-day notice) rather than a month-to-month. Section 27-40-770(b) states the 30-day figure for a month-to-month tenancy; treat it as the governing period for that arrangement, and note a lease may require longer notice |
| Just-cause limits | South Carolina has no statewide just-cause law. Section 27-40-770 lets 'the landlord or the tenant' end a month-to-month tenancy by proper written notice for any reason or none; no cause need be stated and no relocation payment is required. If the tenant holds over after termination, the landlord 'may bring an action for possession,' and may recover attorney's fees for a bad-faith holdover and up to three months' rent (or twice actual damages) plus fees for a willful violation (§ 27-40-770(c)). A city or county may add requirements on top of this state floor |
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Requirements one by one
Governing law
South Carolina answers this through its Residential Landlord and Tenant Act. The
key provision is S.C. Code § 27-40-770(b), which sets the month-to-month
termination notice. A related section, § 27-40-310(d), explains that any periodic
tenancy without a fixed term is month-to-month (it is week-to-week only for a
roomer who pays weekly). How the notice must be delivered comes from § 27-40-240.
Holdover, nonpayment, and lease-breach remedies elsewhere in the Act are outside
this page.
Landlord's and tenant's notice period
The figure is 30 days, and it is the same for both sides. Section 27-40-770(b)
provides: "The landlord or the tenant may terminate a month-to-month tenancy by a
written notice given to the other at least thirty days before the termination date
specified in the notice." There is no occupancy-length tier and no longer
landlord-only clock. (A week-to-week tenancy takes only seven days under
§ 27-40-770(a).)
When termination takes effect
South Carolina's clock is free-floating. The 30 days is measured "before the
termination date specified in the notice," which means the notice names its own
end date, and that date simply has to be at least 30 days after the notice is
given. Unlike states that require the end date to be a rent-due date or the last
day of a rental period, South Carolina lets you pick the termination date — count
30 days forward from the notice to whatever date you choose.
How notice must be delivered
Section 27-40-240 supplies the rules. A party "gives" notice "by taking steps
reasonably calculated to inform the other in ordinary course whether or not the
other actually comes to know of it." For a tenant, notice is "received" when
delivered in hand or "mailed by registered or certified mail" to the address the
tenant holds out (or, if none, the last known residence) — and "proof of mailing
pursuant to this subsection constitutes notice without proof of receipt." A
landlord receives notice at the business address through which the agreement was
made. Registered or certified mail is the safe route because the mailing itself
counts.
Just-cause limits
South Carolina has no statewide just-cause law. Section 27-40-770 lets "the
landlord or the tenant" end a month-to-month tenancy by proper written notice for
any reason or none — no stated cause, no relocation payment. If the tenant holds
over, the landlord "may bring an action for possession"; a bad-faith holdover
exposes the tenant to attorney's fees, and a willful violation to up to three
months' rent (or twice actual damages) plus fees (§ 27-40-770(c)). Cities may add
their own requirements, so check local law for the specific address.
What trips people up
The termination date is yours to choose — just count 30 days. Because
§ 27-40-770(b) measures the 30 days "before the termination date specified in the
notice," South Carolina does not force the end date onto a rent day. Pick a date
at least 30 days out and state it.
A certified-mail notice counts even if the other side ducks it. Under
§ 27-40-240(B), "proof of mailing … constitutes notice without proof of receipt"
for a registered or certified mailing — so a tenant cannot defeat a properly
mailed landlord notice by refusing delivery.
A weekly roomer is on a 7-day clock, not 30. Section 27-40-310(d) makes a
weekly-paying roomer week-to-week, and § 27-40-770(a) sets seven days for that
tenancy — the 30-day rule is for month-to-month.
Common questions
I rent month-to-month in South Carolina and want to move out. How much notice?
At least 30 days' written notice, stating the date you intend to leave, which must
be at least 30 days away (§ 27-40-770(b)). You do not need a reason.
Does the end date have to be the first or last of the month? No. South Carolina
lets the notice name any termination date at least 30 days out (§ 27-40-770(b));
it does not have to align with a rent-due date.
Does my landlord need a reason to end my month-to-month tenancy? No. South
Carolina has no statewide just-cause rule, so a proper 30-day written notice for
any reason is enough under state law — check whether your city adds anything.
Statutes and sources
- S.C. Code § 27-40-770 — periodic tenancy; holdover remedies: seven days'
notice for week-to-week (a), 30 days for month-to-month (b), and the holdover
action and penalties (c).
https://www.scstatehouse.gov/code/t27c040.php (accessed 2026-07-15) - S.C. Code § 27-40-310 — terms and conditions of the rental agreement: parties
may set the term (a); a periodic tenancy without a fixed term is month-to-month
(d).
https://www.scstatehouse.gov/code/t27c040.php (accessed 2026-07-15) - S.C. Code § 27-40-240 — notice: how a party gives notice and when it is
received, including the registered/certified-mail proof-of-mailing rule (B).
https://www.scstatehouse.gov/code/t27c040.php (accessed 2026-07-15)
Source links
Every statute quoted above, linked, with the date we checked it.
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