Notice to Terminate Periodic Tenancy (No-Cause) — South Carolina

NOTICE TO TERMINATE PERIODIC TENANCY (NO-CAUSE) — SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption / Identification of Premises
2. Tenancy Type and Statutory Basis
3. Notice of Termination
4. Termination Date
5. Surrender Instructions
6. Final Rent and Charges
7. Security Deposit Procedure
8. Reservation of Rights and Non-Waiver
9. Tenant Rights Notice
10. Service / Method of Delivery
11. Signature Block
12. Certificate of Service / Proof of Delivery
13. South Carolina Practice Notes
14. 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. TENANCY TYPE AND STATUTORY BASIS

The Landlord identifies the present tenancy and statutory basis for this Notice as follows:

☐ Month-to-month tenancy under S.C. Code § 27-40-770(A). Notice period required: at least THIRTY (30) DAYS before the termination date specified herein.

☐ Week-to-week tenancy under S.C. Code § 27-40-770(A). Notice period required: at least SEVEN (7) DAYS before the termination date specified herein.

☐ Holdover after expiration of fixed-term lease. The original fixed term expired on [__/__/____], and the parties continued in a periodic tenancy at the Landlord's election. This Notice terminates that periodic tenancy.

3. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED, pursuant to S.C. Code § 27-40-770, that the Landlord elects to TERMINATE the periodic tenancy identified above for the rental premises identified in Section 1.

This is a NO-CAUSE TERMINATION. The Landlord is not required to state a reason for terminating a periodic tenancy under South Carolina law, provided the termination is not motivated by retaliation, discrimination, or any other unlawful purpose.

This Notice is given in writing as required by S.C. Code § 27-40-770.

4. TERMINATION DATE

The tenancy shall terminate, and you must vacate and surrender complete possession of the premises, on or before:

TERMINATION DATE: [__/__/____] at 11:59 PM

The Termination Date stated above is at least:

• thirty (30) days after receipt of this Notice (for month-to-month tenancies); OR
• seven (7) days after receipt of this Notice (for week-to-week tenancies).

5. SURRENDER INSTRUCTIONS

By the Termination Date, you must:

5.1. Remove all personal property from the premises.

5.2. Leave the premises in clean and undamaged condition, ordinary wear and tear excepted, as required by S.C. Code §§ 27-40-510 and 27-40-530.

5.3. Return all keys, garage remotes, parking permits, mail keys, and access cards to:

[LANDLORD / MANAGER NAME AND ADDRESS]

5.4. Provide a forwarding address to the Landlord in writing for purposes of the security-deposit accounting required by S.C. Code § 27-40-410.

5.5. Schedule a move-out walkthrough (optional but recommended): [INSTRUCTIONS].

6. FINAL RENT AND CHARGES

You remain obligated to pay rent and other charges accruing through the Termination Date (and thereafter, if you fail to surrender possession), as follows:

If you fail to surrender possession on or before the Termination Date, you become a holdover tenant subject to ejectment under S.C. Code §§ 27-37-10 et seq. and continuing rent under § 27-37-150.

7. SECURITY DEPOSIT PROCEDURE

Pursuant to S.C. Code § 27-40-410:

7.1. The Landlord will return any unapplied portion of the security deposit, together with an itemized written notice of any deductions for accrued rent and damages, within thirty (30) days after the later of (a) termination of the tenancy and delivery of possession, or (b) the Tenant's written demand and provision of a forwarding address.

7.2. Tenant must provide a forwarding address in writing. Failure to provide a forwarding address may forfeit the Tenant's right to recover damages under § 27-40-410, provided the Landlord (1) had no notice of Tenant's whereabouts and (2) mailed the notice and any amount due to the Tenant's last known address.

7.3. If the Landlord fails to comply with the 30-day return-and-itemization requirement, the Tenant may recover three (3) times the amount wrongfully withheld plus reasonable attorney's fees.

8. RESERVATION OF RIGHTS AND NON-WAIVER

The Landlord expressly reserves all rights and remedies, including:

8.1. The right to file an ejectment action in the Magistrate's Court for [COUNTY] County if the Tenant does not surrender possession by the Termination Date.

8.2. The right to recover rent, damages to the premises, and other amounts permitted by the lease and South Carolina law (subject to magistrate's $7,500 jurisdictional cap; larger claims to Circuit Court).

8.3. The right to retain or apply the security deposit consistent with § 27-40-410.

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

8.5. NON-WAIVER. Acceptance of rent for any portion of the period through the Termination Date shall NOT waive this Notice. Acceptance of rent for any period AFTER the Termination Date shall not, by itself, create a new tenancy unless expressly stated in writing signed by the Landlord. See S.C. Code § 27-37-150.

9. TENANT RIGHTS NOTICE

9.1. 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. Only a magistrate's writ of ejectment, executed by a constable or sheriff under S.C. Code § 27-37-160, can lawfully remove you. Self-help violations of § 27-40-660 entitle 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.

9.2. Anti-retaliation. Under S.C. Code § 27-40-910, a landlord may NOT terminate, refuse to renew, raise rent, or decrease services in retaliation for:

• A tenant complaint to a governmental agency about a building or housing-code violation that materially affects health and safety;
• A tenant complaint to the landlord about a violation of the Residential Landlord and Tenant Act; or
• A tenant's organization of, or membership in, a tenants' association.

If you have engaged in any protected activity in the recent past, you may have a retaliation defense.

9.3. Anti-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.), a landlord may NOT terminate or refuse to renew based on race, color, religion, sex, national origin, familial status, or disability. Source-of-income discrimination may also be prohibited under local ordinances in some South Carolina municipalities.

9.4. Right to defend in court. You may appear at any show-cause hearing and assert defenses including defective notice, retaliation, discrimination, breach of warranty of habitability (§ 27-40-440), and Servicemembers Civil Relief Act protections.

9.5. Right to demand a jury. S.C. Code §§ 27-37-60 and 27-37-80 permit either party to demand a jury trial in magistrate ejectment.

9.6. Right to appeal. Either party may appeal to Circuit Court. To stay execution, post an appeal bond within five (5) days of service of notice of appeal under § 27-37-130.

9.7. Free legal aid. South Carolina Legal Services (https://www.sclegal.org) and the South Carolina Appleseed Legal Justice Center (https://www.scjustice.org) provide assistance to qualifying tenants.

10. 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]

11. SIGNATURE BLOCK

LANDLORD / AUTHORIZED AGENT

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

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

12. CERTIFICATE OF SERVICE / PROOF OF DELIVERY

I certify that on [__/__/____] I served the foregoing NOTICE TO TERMINATE PERIODIC TENANCY on the Tenant(s) named above by the method indicated in Section 10.

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

13. SOUTH CAROLINA PRACTICE NOTES

13.1. Strict 30/7 day rule. Magistrates strictly enforce the minimum notice periods of § 27-40-770. A notice that gives only 28 days for a month-to-month tenancy is insufficient and provides a complete defense.

13.2. Specify a date — don't just say "30 days." § 27-40-770 contemplates that the notice specify a termination date. Stating only "30 days from receipt" introduces an unnecessary factual question about receipt; specify a calendar date.

13.3. No-cause but not pretextual. South Carolina permits no-cause termination of periodic tenancies, but the prohibitions on retaliation (§ 27-40-910), state and federal fair housing law, and any applicable local ordinance still apply. Document the legitimate business reasons even when not stated.

13.4. Rent acceptance after notice. Acceptance of rent through the Termination Date does NOT waive the notice. Acceptance of rent for periods AFTER the Termination Date may waive it unless promptly returned or unless the parties expressly agree the payment is for "use and occupancy" rather than rent.

13.5. Federally assisted housing — good-cause requirements. Many federal programs require good cause to terminate, regardless of state law. Examples:

• HUD Section 8 Project-Based: good cause required (24 C.F.R. §§ 247.3, 880.607).
• HUD Public Housing: good cause required (24 C.F.R. § 966.4).
• HCV / Section 8 Voucher: good cause for termination during initial term; some courts require it during continuing tenancy as well.
• LIHTC: good cause required by Treas. Reg. § 1.42-5; HUD-LIHTC properties may have additional notice requirements.
• Rural Development (USDA-RD): good cause required (7 C.F.R. § 3560.159).

13.6. Local protections. Charleston, Columbia, Greenville, and several other South Carolina municipalities operate housing-code enforcement programs that interact with retaliation defenses. Verify any local landlord-registration or nuisance-related ordinances.

13.7. Mobile home parks (Ch. 27-47). Manufactured-home park lot tenancies are governed by the Manufactured Home Park Tenancy Act, which provides DIFFERENT notice and good-cause rules for park-lot tenancies. Do NOT use this notice for park-lot tenancies.

13.8. Servicemember protections. Active-duty tenants are protected by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3951). Even no-cause notices may be subject to stay or relief under SCRA.

14. 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 § 27-40-770 (Periodic tenancy; 30-day / 7-day notice).
• S.C. Code § 27-40-220 (Notice; service).
• S.C. Code § 27-40-410 (Security deposits; 30-day return; 3x damages).
• S.C. Code § 27-40-660 (Self-help eviction prohibited).
• S.C. Code § 27-40-910 (Retaliatory conduct prohibited).
• 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).
• 24 C.F.R. § 247.3, § 880.607, § 966.4 (HUD good-cause requirements).
• 7 C.F.R. § 3560.159 (USDA Rural Development good-cause requirements).
• 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 TERMINATE NO-CAUSE (SOUTH CAROLINA)