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. Repeat-Breach Allegation (if applicable)
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 shall terminate by its terms and by operation of S.C. Code § 27-40-710, and the Landlord shall commence ejectment proceedings against you in the Magistrate's Court for [COUNTY] County, South Carolina, pursuant to S.C. Code §§ 27-37-10 et seq.

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. REPEAT-BREACH ALLEGATION (IF APPLICABLE)

☐ NOT APPLICABLE — first incident.

☐ APPLICABLE — substantially similar repeat breach within six (6) months. Pursuant to S.C. Code § 27-40-710(A), the Landlord asserts that the breach described in Section 3 above is substantially the same act or omission for which a prior written notice was served on [__/__/____] and which the Tenant cured. Accordingly, no further opportunity to cure is available, and this Notice operates as a 14-day notice of termination.

Prior breach reference (date and nature): [DESCRIBE THE PRIOR BREACH AND ATTACH OR REFERENCE THE PRIOR NOTICE]

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

6. CONSEQUENCE OF FAILURE TO CURE

If you fail to cure the breach within the fourteen (14) day cure period:

6.1. The rental agreement shall terminate effective at midnight on the cure deadline.

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 served on Tenant by the following method (check one or more):

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

☐ Personal delivery to a person of suitable age and discretion residing at the premises, namely [NAME], on [__/__/____]

☐ Posted in a conspicuous place on the premises (e.g., front door) on [__/__/____] AND mailed by first-class mail (and/or certified mail, return receipt requested) on [__/__/____]

☐ U.S. Mail, certified, return receipt requested, tracking #[____________], deposited on [__/__/____]

☐ Other method authorized by lease or statute: [DESCRIBE]

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: [__/__/____]

[ ] Affidavit of service / posting attached
[ ] Photograph of posting attached
[ ] Certified mail receipt / return card attached

12. SOUTH CAROLINA PRACTICE NOTES

12.1. Two-tier notice structure under § 27-40-710(A). The 14-day cure window is the default for material noncompliance NOT involving nonpayment of rent. If the tenant does not cure within 14 days, the lease terminates not less than 30 days after receipt of the notice under the express text of § 27-40-710(A) for some breaches; courts and practitioners commonly read the statute as terminating at the end of the 14-day cure window for failure-to-cure breaches. Conservative drafting practice is to state the 14-day cure clearly and consult counsel on the appropriate ultimate termination date for the specific breach.

12.2. Health-and-safety / illegal activity. Where the noncompliance materially affects health and safety, courts may permit shorter or expedited procedures under § 27-40-710 and § 27-40-540. Drug-related criminal activity in federally assisted housing has its own expedited regime (42 U.S.C. § 1437d(l)(6); 24 C.F.R. § 966.4).

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 window. § 27-40-910 prohibits retaliatory actions taken because the tenant complained to a government agency, complained to the landlord regarding code or chapter violations, or organized a tenants' union. While the statute does not articulate a fixed presumption window on its face, the prevailing practitioner rule of thumb is to scrutinize landlord actions taken within approximately six (6) months of protected tenant conduct. Document 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 (14-day cure for material noncompliance; repeat-breach rule).
• S.C. Code §§ 27-40-510 to 27-40-540 (Tenant obligations).
• S.C. Code § 27-40-220 (Notice; service).
• 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)