Fourteen-Day Notice to Cure or Quit — Material Noncompliance (South Carolina)

FOURTEEN-DAY NOTICE TO CURE OR QUIT — MATERIAL NONCOMPLIANCE — SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption / Identification of Premises
2. Notice to Tenant
3. Specific Acts or Omissions Constituting Breach
4. Remedy Requiring More Than Fourteen Days
5. Required Cure Action
6. Consequence of Failure to Cure
7. Reservation of Rights and Non-Waiver
8. Tenant Rights Notice
9. Service / Method of Delivery
10. Signature Block
11. Certificate of Service / Proof of Delivery
12. South Carolina Practice Notes
13. Sources and References

1. CAPTION / IDENTIFICATION OF PREMISES

TO: [TENANT FULL LEGAL NAME(S)], and all other occupants in possession

ADDRESS OF RENTAL PREMISES:
[STREET ADDRESS]
[CITY], South Carolina [ZIP]
[UNIT / APT NUMBER, if applicable]

FROM: [LANDLORD / OWNER / AGENT NAME]
[LANDLORD ADDRESS]
[LANDLORD PHONE / EMAIL]

DATE OF NOTICE: [__/__/____]

2. NOTICE TO TENANT

YOU ARE HEREBY NOTIFIED, pursuant to S.C. Code § 27-40-710(A), that you are in MATERIAL NONCOMPLIANCE with your rental agreement or an applicable tenant obligation under § 27-40-510. This form is for a breach within subsection (A), not nonpayment, a § 27-40-510 violation materially affecting health and safety or the property's physical condition, or a § 27-40-540 violation.

The Landlord hereby provides you with FOURTEEN (14) DAYS from receipt of this Notice within which to REMEDY THE BREACH described in Section 3 below.

If you fail to remedy the breach within fourteen (14) days, the rental agreement may terminate on the date stated in Section 6. If the remedy cannot be completed within fourteen days, the rental agreement may not terminate by reason of this breach when you commence the remedy within that period and pursue it in good faith to completion within a reasonable time. See S.C. Code § 27-40-710(A)(2).

3. SPECIFIC ACTS OR OMISSIONS CONSTITUTING BREACH

The Landlord identifies the following acts or omissions, with reasonable particularity as required by S.C. Code § 27-40-710(A):

3.1. Lease Provision Breached: Section [___] of the Lease dated [__/__/____], which provides: "[QUOTE LEASE LANGUAGE]"

3.2. Statutory Provision Breached (if any): S.C. Code § [27-40-___], which requires: "[QUOTE OR PARAPHRASE]"

3.3. Date(s) of Breach: [__/__/____] through [__/__/____]

3.4. Description of Breach (state with reasonable particularity — who, what, when, where):

[DESCRIBE THE BREACH IN FACTUAL DETAIL — e.g., "On [date], you were observed harboring an unauthorized dog, breed [breed], in violation of Section X.X of the Lease, which prohibits pets without prior written consent. The dog has been observed at the premises on [list dates]."]

[DESCRIBE ANY ADDITIONAL BREACHES SEPARATELY]

4. REMEDY REQUIRING MORE THAN FOURTEEN DAYS

If the remedy cannot reasonably be completed within fourteen (14) days, describe the steps you will commence within that period and the schedule for pursuing the remedy in good faith to completion within a reasonable time:

[DESCRIBE COMMENCEMENT STEPS, CONTRACTORS OR MATERIALS, AND EXPECTED COMPLETION DATE]

Tenant may send supporting information to [LANDLORD NOTICE ADDRESS / EMAIL IF ACCEPTED]. Nothing in this section changes the statutory standard or requires the Landlord to accept an inadequate or abandoned cure.

5. REQUIRED CURE ACTION

To remedy the breach within the fourteen (14) day cure period, you must take the following specific action:

5.1. [STATE THE EXACT CURE — e.g., "Permanently remove the unauthorized animal from the premises and provide written confirmation of removal."]

5.2. [STATE ANY ADDITIONAL CURE — e.g., "Repair the damaged interior door and provide invoices/photographs evidencing repair."]

5.3. Verification of cure: You may verify cure by [METHOD — e.g., providing photographs, inviting an inspection on [date/time], submitting written confirmation, paying for damages, etc.].

5.4. Cure Deadline / Commencement Deadline: [__/__/____] (no earlier than fourteen (14) days after receipt of this Notice; confirm time computation under § 27-40-240(D)).

6. CONSEQUENCE OF FAILURE TO CURE

If you neither adequately remedy the breach before the termination date nor, where the remedy cannot be completed within fourteen days, commence it within that period and pursue it in good faith to completion within a reasonable time:

6.1. The rental agreement will terminate on [__/__/____], a date not less than fourteen (14) days after receipt of this Notice.

6.2. If the agreement terminates and you remain in possession, the Landlord may apply to a magistrate having jurisdiction for ejectment. The magistrate issues a written rule requiring you to vacate forthwith or show cause before the magistrate within ten (10) days after service (S.C. Code § 27-37-20).

6.3. If you fail to appear and show cause within that ten-day period, the magistrate shall issue a warrant of ejectment under § 27-37-40. Execution follows § 27-37-160, including its initial twenty-four-hour opportunity to vacate voluntarily.

6.4. The Landlord may separately seek unpaid rent or actual damages when supported by the lease and law. Section 22-3-10(10) addresses magistrate jurisdiction over landlord-tenant and possession matters; its $7,500 limits apply to specified money-claim categories, including contract claims under subsection (1) and property-damage claims under subsection (2). Counsel must select the proper pleading and forum for each claim.

6.5. For a breach other than nonpayment, the Landlord may seek reasonable attorney's fees under § 27-40-710(C) only if the noncompliance is willful and the Landlord is represented by an attorney; other fee or cost requests require their own authority.

7. RESERVATION OF RIGHTS AND NON-WAIVER

The Landlord expressly reserves all rights and remedies, including:

7.1. The right to recover damages whether or not Tenant cures.

7.2. The right to apply or retain the security deposit consistent with S.C. Code § 27-40-410.

7.3. The right to pursue concurrent or subsequent notices for unrelated breaches.

7.4. NON-WAIVER. Once ejectment proceedings have commenced by issuance of a rule to vacate or show cause, acceptance of rent does not itself waive the Landlord's right to insist upon ejectment or renew or extend the tenancy. See S.C. Code § 27-37-150. Any payment or other conduct before issuance of the rule requires separate review.

8. TENANT RIGHTS NOTICE

8.1. No self-help eviction. This Notice does NOT authorize the Landlord to lock you out, shut off utilities, remove your possessions, or use force to remove you. Such conduct violates S.C. Code § 27-40-660 and entitles you to recover possession or terminate the lease, plus an amount equal to three (3) months' periodic rent or twice your actual damages, whichever is greater, plus reasonable attorney's fees.

8.2. Right to defend. You may appear at the show-cause hearing and assert any legal or equitable defense, including but not limited to:

• Defective notice (lack of particularity, insufficient cure period, improper service);
• Cure within the statutory window;
• Landlord's breach of the warranty of habitability under S.C. Code § 27-40-440;
• Retaliation under S.C. Code § 27-40-910, subject to that section's protected-complaint rules, exceptions, and written notice of intended defense to the landlord within ten days after service of the Rule to Vacate or Show Cause;
• Discrimination under the South Carolina Fair Housing Law (S.C. Code §§ 31-21-10 et seq.) and the federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.);
• Servicemembers Civil Relief Act protections where the tenancy and servicemember or dependent meet 50 U.S.C. § 3951's coverage conditions.

8.3. Right to demand a jury. If you contest ejectment, either party may demand a jury trial under S.C. Code §§ 27-37-60 and 27-37-80.

8.4. Right to appeal. Either party may appeal. For a residential tenant seeking to stay ejectment, § 27-40-800(b), as amended by 2026 Act No. 252, permits a rent-payment affidavit filed with the circuit court or magistrate having jurisdiction; the court orders a stay once it accepts the affidavit. Section 27-37-130 still contains bond and five-day filing language. Obtain prompt advice on the applicable procedure.

8.5. Free legal aid. Tenants who cannot afford counsel may contact South Carolina Legal Services (https://www.sclegal.org) or the South Carolina Appleseed Legal Justice Center (https://www.scjustice.org).

9. SERVICE / METHOD OF DELIVERY

This Notice was delivered to Tenant under S.C. Code § 27-40-240(B) by (check one):

☐ Personal delivery to Tenant on [__/__/____] at [___:___ AM/PM]

☐ Registered or certified mail to the address held out for receipt of communications or, if none, Tenant's last known residence; tracking #[____________], mailed on [__/__/____]

10. SIGNATURE BLOCK

LANDLORD / AUTHORIZED AGENT

Signature: ____________________________________
Printed Name: [________________________________]
Title / Capacity: [Owner / Property Manager / Authorized Agent]
Date: [__/__/____]

[LANDLORD COMPANY NAME, if applicable]
[ADDRESS]
[PHONE] | [EMAIL]

11. CERTIFICATE OF SERVICE / PROOF OF DELIVERY

I certify that on [__/__/____] I served the foregoing FOURTEEN-DAY NOTICE TO CURE OR QUIT on the Tenant(s) named above by the method indicated in Section 9.

Signature of Server: ____________________________________
Printed Name: [________________________________]
Relationship to Landlord: [Owner / Manager / Process Server / Other]
Date: [__/__/____]

☐ Proof of hand delivery attached
☐ Registered/certified mailing proof attached

12. SOUTH CAROLINA PRACTICE NOTES

12.1. Section 27-40-710(A) notice structure. The notice must state a termination date not less than fourteen days after receipt. The tenancy does not terminate for a remediable breach cured before that date, or for a remedy that cannot be completed within fourteen days when the tenant commences it within the period and pursues it in good faith to completion within a reasonable time.

12.2. Different statutory routes. Section 27-40-710(A) excludes the specified health-and-safety and § 27-40-540 violations from its general cure route. Do not use this form for those grounds without South Carolina counsel selecting and verifying the applicable notice procedure. Federally assisted housing may add separate federal notice requirements.

12.3. Jurisdiction and money claims. Sections 27-37-20 and 22-3-10(10) establish the magistrate ejectment route and landlord-tenant jurisdiction. The $7,500 figure in § 22-3-10 applies to specified money-claim categories, not as a blanket limit on every landlord-tenant or possession matter. Confirm jurisdiction and venue separately before filing.

12.4. Mobile home parks. S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act) governs qualifying lot tenancies in parks with five or more lots offered for rent or lease and provides different notice and termination rules. Do NOT use this notice for a covered park-lot tenancy.

12.5. Local rules. Check any applicable local housing requirements before filing.

12.6. Retaliation. Section 27-40-910 prohibits specified retaliatory actions after protected tenant complaints. The statute states no fixed six-month presumption period. Document and have counsel review the legitimate, non-retaliatory basis for this notice.

12.7. Federally assisted housing. Identify any applicable housing program and its governing lease, regulation, and notice rules before using this form.

12.8. Servicemember protections. Confirm whether the residential occupancy, service or dependent status, and indexed rent limit bring the premises within 50 U.S.C. § 3951 before seeking ejectment.

13. SOURCES AND REFERENCES

• South Carolina Code of Laws — Title 27, Chapter 40 (Residential Landlord and Tenant Act): https://www.scstatehouse.gov/code/t27c040.php
• South Carolina Code of Laws — Title 27, Chapter 37 (Ejectment of Tenants): https://www.scstatehouse.gov/code/t27c037.php
• S.C. Code § 27-40-710(A) (14-day material-noncompliance notice and good-faith completion rule).
• S.C. Code § 27-40-510 (Tenant maintenance and conduct duties); § 27-40-520 (Enforceable landlord rules); § 27-40-530 (Access); § 27-40-540 (Residential use and illegal activity).
• S.C. Code § 27-40-240 (Notice; delivery and mailing).
• S.C. Code § 27-40-440 (Landlord obligation to maintain habitable premises).
• S.C. Code § 27-40-660 (Self-help eviction prohibited; tenant remedies).
• S.C. Code § 27-40-910 (Retaliatory conduct prohibited).
• S.C. Code § 27-37-10 et seq. (Ejectment proceedings).
• S.C. Code §§ 31-21-10 et seq. (South Carolina Fair Housing Law).
• 42 U.S.C. §§ 3601 et seq. (federal Fair Housing Act).
• 50 U.S.C. § 3951 (Servicemembers Civil Relief Act — protections against eviction).
• South Carolina Magistrate's Court — Civil Forms: https://www.sccourts.org/forms/
• South Carolina Legal Services: https://www.sclegal.org
• South Carolina Appleseed Legal Justice Center: https://www.scjustice.org

END OF NOTICE TO CURE OR QUIT (SOUTH CAROLINA)