Five-Day Notice to Pay Rent or Quit (South Carolina)

FIVE-DAY NOTICE TO PAY RENT OR QUIT — SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption / Identification of Premises
2. Notice to Tenant
3. Itemization of Rent and Charges Due
4. Statutory Warning Language
5. Demand for Payment or Possession
6. Method of Payment
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, that you are in default of your rental agreement for failure to pay rent when due for the rental premises identified above.

The Landlord hereby demands payment in full of all unpaid rent within FIVE (5) DAYS of the date this rent originally became due (or, if applicable, within five (5) days from receipt of this Notice, whichever cure period applies under your lease and applicable law), or you must vacate and surrender possession of the premises.

If you fail either to pay in full or to vacate within the cure period, the Landlord intends to terminate your tenancy and to 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. ITEMIZATION OF RENT AND CHARGES DUE

4. STATUTORY WARNING LANGUAGE

IF YOU DO NOT PAY YOUR RENT ON TIME

This is your notice. If you do not pay your rent within five (5) days of the due date, the landlord can start to have you evicted.

5. DEMAND FOR PAYMENT OR POSSESSION

You are required to do ONE of the following on or before the expiration of the cure period:

☐ OPTION A — PAY IN FULL. Tender the full amount of $[________] in good funds (cash, money order, certified check, or other method permitted by your lease) to the Landlord at the address below.

☐ OPTION B — VACATE. Surrender complete possession of the premises and return all keys to the Landlord at the address below. Removal of personal belongings does not, by itself, constitute legal surrender; you must communicate intent to surrender and return keys.

If you neither pay nor vacate, the Landlord WILL file an ejectment action in the Magistrate's Court for [COUNTY] County. The court will issue a Rule to Vacate or Show Cause requiring you to appear within ten (10) days of service. Failure to appear results in a warrant of ejectment under S.C. Code § 27-37-40.

6. METHOD OF PAYMENT

Payment must be made to:

[LANDLORD / PROPERTY MANAGER NAME]
[STREET ADDRESS]
[CITY, SC ZIP]

Acceptable methods: ☐ Cash ☐ Money order ☐ Certified check ☐ Cashier's check ☐ Electronic transfer to [BANK / ROUTING / ACCOUNT or PORTAL]

Office hours for in-person payment: [DAYS / HOURS]

After-hours drop box: [YES / NO — LOCATION]

7. RESERVATION OF RIGHTS AND NON-WAIVER

The Landlord expressly reserves all rights and remedies available under the lease and the laws of South Carolina, including but not limited to:

7.1. The right to recover unpaid rent and damages whether or not the Tenant cures or vacates.

7.2. The right to recover reasonable attorney's fees and costs to the extent authorized by the lease or by statute.

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

7.4. The right to pursue any non-monetary lease violations under separate notice.

7.5. NON-WAIVER BY ACCEPTANCE OF PARTIAL PAYMENT. Acceptance of any partial payment after this Notice is delivered shall not constitute a waiver of the right to terminate or to seek ejectment unless expressly stated in writing signed by the Landlord. See S.C. Code § 27-37-150 (rent acceptance does not extend tenancy).

8. TENANT RIGHTS NOTICE

This Notice does NOT authorize the Landlord to:

• Change the locks, remove doors or windows, or otherwise lock you out of the premises;
• Shut off, interrupt, or cause to be interrupted any essential service (water, electricity, gas, heat);
• Remove your personal property from the premises (except after a writ of ejectment is executed under S.C. Code § 27-37-160 and following the personal-property procedures in § 27-40-710(C));
• Use force, threats, or intimidation to compel you to leave.

Any such "self-help" eviction violates S.C. Code § 27-40-660 and entitles you to recover possession or terminate the rental agreement, plus an amount equal to three (3) months' periodic rent or twice your actual damages, whichever is greater, plus reasonable attorney's fees.

If you believe this Notice is defective, retaliatory (S.C. Code § 27-40-910), or based on conditions amounting to a breach of the warranty of habitability (S.C. Code § 27-40-440), you may raise these defenses at the show-cause hearing.

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 FIVE-DAY NOTICE TO PAY RENT 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

12. SOUTH CAROLINA PRACTICE NOTES

12.1. Statutory framework. South Carolina is a URLTA-derived state. The Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 to 27-40-940) governs the substantive notice requirements; the Ejectment of Tenants chapter (S.C. Code §§ 27-37-10 to 27-37-220) governs the procedural action in court.

12.2. Magistrate's court venue. Ejectment is filed in the magistrate's court for the county where the rental property is located. Magistrate's courts have a $7,500 monetary limit (S.C. Code § 22-3-10), but the possessory ejectment action itself is not capped. For larger money claims (e.g., extensive damages), Circuit Court is the proper forum.

12.3. Jury demand. Either party may demand a jury trial in magistrate ejectment under S.C. Code §§ 27-37-60 and 27-37-80. The demand should be made before the show-cause return.

12.4. Cumulative notice (§ 27-40-710(B)). If the lease contains, in conspicuous language, the statutory warning, the landlord need not give a fresh notice each time rent is late. If relying on this provision, attach a copy of the relevant lease clause to the eviction filing.

12.5. Local protections. A handful of South Carolina municipalities (notably Charleston, Columbia, and Greenville) have housing-code and source-of-income enforcement programs that may implicate retaliation defenses. Confirm any local ordinances before filing.

12.6. Mobile home parks. Tenancies in manufactured-home communities are governed by a separate chapter, S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act). Do NOT use this notice for park-lot tenancies.

12.7. 5-day appeal window. Under S.C. Code § 27-37-130, an appeal of an ejectment judgment does not stay execution unless the tenant posts the required appeal bond within five (5) days of service of notice of appeal. The substantive appeal goes to Circuit Court.

12.8. Interaction with security deposit (§ 27-40-410). A security deposit is NOT rent and may not be applied to satisfy this Notice unless the tenancy has terminated and the deposit has been formally accounted for under the 30-day itemization rule.

12.9. Federally subsidized housing. If the unit is subject to HUD, USDA-RD, LIHTC, or HCV/Section 8 programs, the federal pre-eviction notice requirements (e.g., 30-day CARES Act notice for covered properties; HUD lease grievance procedures) ALSO apply. Use a CARES-compliant or program-specific notice as appropriate.

12.10. Servicemember protections. Active-duty tenants are protected by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3951). Do not proceed without first obtaining an SCRA affidavit.

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 (Noncompliance with rental agreement; nonpayment; 5-day notice).
• S.C. Code § 27-40-220 (Notice; service).
• S.C. Code § 27-40-540 (Tenant obligations).
• S.C. Code § 27-40-660 (Self-help eviction prohibited; remedies).
• S.C. Code § 27-40-910 (Retaliatory conduct prohibited).
• S.C. Code § 27-37-10 et seq. (Ejectment of tenants; magistrate procedure).
• S.C. Code § 27-37-130 (Appeal bond; 5-day filing window).
• S.C. Code § 27-37-160 (Execution of writ of ejectment).
• S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act).
• South Carolina Magistrate's Court — Civil Forms: https://www.sccourts.org/forms/
• South Carolina Bar — Landlord/Tenant Resources: https://www.scbar.org/
• South Carolina Appleseed Legal Justice Center — Tenant Resources: https://www.scjustice.org/

END OF NOTICE TO PAY OR QUIT (SOUTH CAROLINA)