NOTICE OF TERMINATION OF TENANCY

AND DEMAND FOR POSSESSION

(State of South Carolina)

[LANDLORD LEGAL NAME] (“Landlord”)
[LANDLORD ADDRESS]
[LANDLORD PHONE / EMAIL]

v.

[TENANT LEGAL NAME(S)] (“Tenant”)
[PREMISES ADDRESS]

Effective Date of Notice: [DATE]

[// GUIDANCE: This template is designed for residential tenancies governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. Title 27, Chapter 40 (“Act”). Customize bracketed sections, select the applicable grounds for termination, and delete inapplicable options before service.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Dispute Resolution
VIII. General Provisions
IX. Certificate of Service
X. Execution Block

I. DOCUMENT HEADER

A. Parties. See caption above.
B. Premises. The leased dwelling located at [PREMISES ADDRESS] (the “Premises”).
C. Lease. Written lease dated [LEASE DATE] (the “Lease”) or, if none, the month-to-month tenancy created by payment of rent.
D. Governing Law. South Carolina law, including the Act.
E. Forum Selection. Exclusive jurisdiction lies in the Magistrate Court having territorial jurisdiction over the Premises (“Housing Court”).

II. DEFINITIONS

For purposes of this Notice:

1. “Cure Period” – The statutory period during which Tenant may remedy the cited default, measured from the Effective Date of Notice.
2. “Default” – The lease violation or other basis for termination identified in Section III.A.
3. “Demand Date” – The date on which Landlord will pursue filing an ejectment action if the Default is not cured and possession not surrendered (Section III.D).
4. “Notice” – This Notice of Termination of Tenancy and Demand for Possession, together with all attachments.

III. OPERATIVE PROVISIONS

A. Nature of Default. (Check and complete ONE category.)

1. ☐ Non-Payment of Rent. Tenant has failed to pay rent of $[AMOUNT] due on [DUE DATE].
   • Statutory Cure Period: 5 days.
2. ☐ Material Non-Compliance With Lease / Act. Tenant has materially violated Section [LEASE SECTION / STATUTORY REFERENCE] by [DESCRIPTION].
   • Statutory Cure Period: 14 days.
3. ☐ Holdover After Expiration of Tenancy. The tenancy expired on [EXPIRATION DATE] and Tenant has remained in possession without permission.
   • Statutory Notice Period:
   – Week-to-Week Tenancy: 7 days
   – Month-to-Month Tenancy: 30 days
4. ☐ Repeat or Irremediable Violation (e.g., criminal activity, substantial property damage). No Cure Period; immediate termination permitted by law.

B. Opportunity to Cure (if applicable).
Tenant may avoid termination by fully curing the Default within the Cure Period stated above, including payment of all amounts then due and continued compliance thereafter.

C. Termination of Lease.
If Tenant fails to cure within the Cure Period, the Lease SHALL TERMINATE AUTOMATICALLY at 11:59 p.m. on the last day of that period.

D. Demand for Possession.
Tenant must vacate and surrender exclusive possession of the Premises, removing all personal property and returning all keys, no later than [DATE] (the “Demand Date”).

E. Amounts Due (if any).
1. Past-due Rent: $[AMOUNT]
2. Late Fees (per Lease / Act): $[AMOUNT]
3. Other Charges (itemize): $[AMOUNT]

[// GUIDANCE: Late fees are enforceable only if authorized by the Lease and permitted under the Act’s reasonableness standard.]

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that:
   a. Landlord is the rightful owner or authorized agent of the Premises;
   b. All required notices under the Act and the Lease have been or are hereby provided; and
   c. This Notice complies with all applicable statutory notice periods.

2. Tenant is advised that failure to comply may result in summary ejectment, monetary judgment, and entry of the same on the public record.

V. COVENANTS & RESTRICTIONS

1. Tenant shall not damage, conceal, or remove any fixture or appliance before surrender of possession.
2. Tenant remains liable for rent, utilities, and damages accruing through the date Landlord regains legal possession.

VI. DEFAULT & REMEDIES

1. Events of Default. Any failure to (a) cure the Default during the Cure Period; or (b) surrender possession by the Demand Date.

2. Remedies. Upon an Event of Default, Landlord may:
   a. File a Rule to Vacate or Show Cause in Housing Court;
   b. Seek judgment for possession, past-due rent, future rent, damages, costs, and attorney fees as allowed by law; and
   c. Pursue all other remedies available under the Act or common law.

3. Attorney Fees & Costs. If permitted by the Lease or statute, Tenant shall reimburse Landlord’s reasonable attorney fees and court costs incurred to enforce this Notice.

VII. DISPUTE RESOLUTION

1. Governing Law. South Carolina law controls.
2. Exclusive Venue. All proceedings arising from this Notice shall be filed in the Housing Court for [COUNTY] County, South Carolina.
3. Arbitration. Not available for eviction matters under current South Carolina law.
4. Jury Trial. Tenant’s constitutional right to jury trial is preserved to the extent allowed in eviction proceedings.
5. Injunctive Relief. Landlord reserves the right to seek equitable relief, including writs of ejectment or injunction, as permitted by statute.

VIII. GENERAL PROVISIONS

1. No Waiver. Landlord’s acceptance of partial rent after service of this Notice shall not constitute waiver unless required by law.
2. Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force.
3. Entire Notice. This Notice contains the full statement of Landlord’s demand and supersedes any prior oral or written communications on the subject.
4. Delivery of Notice. Service shall be effected pursuant to the Act and Section IX below.

IX. CERTIFICATE OF SERVICE

I, [NAME], certify that on [DATE], I served the foregoing Notice on Tenant by:
(Check all that apply)
☐ Personal delivery to Tenant.
☐ Certified U.S. Mail, return receipt requested, addressed to Tenant at the Premises.
☐ Posting the Notice conspicuously on the main entrance of the Premises AND mailing a copy to Tenant at the Premises address.

Signature: _____
Date: _____

[// GUIDANCE: Retain proof of service (postal receipts, photographs of posting, sworn affidavit) for court.]

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord has executed this Notice on the Effective Date written above.

LANDLORD:

[PRINTED NAME & TITLE, if agent]
For: [LANDLORD LEGAL NAME]

Date: ________

LEGAL NOTICE
This document is a formal statutory notice. It is not a court order. Failure to comply may result in court action for eviction, money damages, and costs. Tenant should seek legal advice immediately upon receipt.

[// GUIDANCE:
1. Verify statutory notice periods against the specific grounds selected.
2. Ensure the Lease does not grant a longer cure/notice period than the Act—if so, provide the longer period.
3. Do not accept partial payments after notice for non-payment unless intending to restart the process.
4. File the ejectment action promptly after the Demand Date to avoid claims of waiver or creation of a new tenancy.]