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 and/or with the obligations imposed by S.C. Code §§ 27-40-510 through 27-40-540.

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: [__/__/____] (fourteen (14) calendar days after receipt of this Notice).

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. The Landlord shall file a Rule to Vacate or Show Cause in the Magistrate's Court for [COUNTY] County. The court will issue a written rule requiring you to vacate or to appear and show cause within ten (10) days after service (S.C. Code § 27-37-20).

6.3. If you fail to appear at the show-cause hearing, the magistrate shall issue a warrant of ejectment, and a constable, sheriff, or special constable will execute the writ (S.C. Code §§ 27-37-40, 27-37-160).

6.4. The Landlord may also seek a money judgment for unpaid rent, damages to the premises, and any other amounts permitted by the lease and South Carolina law (subject to the magistrate's $7,500 jurisdictional limit; larger claims must be filed in Circuit Court).

6.5. The Landlord may seek reasonable attorney's fees and costs to the extent authorized by the lease or statute.

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. No acceptance of rent, no statement, and no inaction by the Landlord shall constitute a waiver of the breaches identified herein unless expressly stated in writing signed by the Landlord. See S.C. Code § 27-37-150.

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 (filed within a reasonable time after a tenant complaint to a governmental agency or to the landlord regarding a code or chapter violation);
• 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 (50 U.S.C. § 3951).

8.3. Right to demand a jury. You may demand a jury trial in the magistrate's court ejectment proceeding under S.C. Code §§ 27-37-60 and 27-37-80.

8.4. Right to appeal. Either party may appeal to the Circuit Court. To stay ejectment pending appeal, you must post an appeal bond within five (5) days of service of notice of appeal under S.C. Code § 27-37-130.

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. Magistrate's court venue and limits. File the Rule to Vacate or Show Cause in the magistrate's court for the county where the property is located. Magistrate's courts have a $7,500 monetary cap; larger damages claims belong in Circuit Court.

12.4. Mobile home parks. S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act) governs lot tenancies in manufactured home communities and provides different notice and termination rules. Do NOT use this notice for park-lot tenancies.

12.5. Local protections. Check Charleston, Columbia, and Greenville municipal codes for housing standards, source-of-income protections, and any local notice or relocation 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. HUD lease grievance procedures, USDA-RD pre-eviction notice rules, LIHTC good-cause requirements, and HCV Voucher rules may layer additional notice requirements on top of state law. Use a program-compliant notice where applicable.

12.8. Servicemember protections. Active-duty tenants are protected by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3951). Confirm SCRA status before filing.

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 to 27-40-540 (Tenant obligations).
• 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)