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(b). 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.

☐ Consensual periodic tenancy after expiration of fixed-term lease. The original fixed term expired on [__/__/____]; the Landlord consented to continued occupancy on [DATE / FACTS], creating the periodic tenancy identified above under §§ 27-40-770(c) and 27-40-310(d). An unconsented holdover is a different route and is not automatically month-to-month.

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 of the identified periodic tenancy. The statutory notice provision does not require a stated reason. The termination remains subject to applicable protections against retaliation, discrimination, and any governing housing-program requirements.

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 [TIME, IF APPLICABLE]

The Termination Date stated above is at least:

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

Confirm the giving and receipt rules in § 27-40-240(B) and time computation under § 27-40-240(D) before entering the date.

5. SURRENDER INSTRUCTIONS

By the Termination Date, you must:

5.1. Remove all personal property from the premises.

5.2. Leave the premises reasonably clean and free of damage beyond ordinary wear, consistent with the tenant duties in S.C. Code § 27-40-510.

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

Rent and other charges due under the rental agreement through the Termination Date are listed below. Any post-termination use-and-occupancy claim requires its own legal basis and facts:

If you remain in possession without the Landlord's consent after the Termination Date, the Landlord may seek possession under §§ 27-40-770(c) and 27-37-10. Section 27-37-150 addresses continuing rent after the court issues a Rule to Vacate or Show Cause; it does not itself set the amount due for every pre-rule holdover period.

7. SECURITY DEPOSIT PROCEDURE

Pursuant to S.C. Code § 27-40-410:

7.1. The Landlord will send an itemized written notice of deductions and any deposit balance within thirty (30) days after termination of the tenancy, delivery of possession, and Tenant demand, whichever occurs last. Tenant must provide a written forwarding or new address for delivery. Deductions are limited to accrued rent and damages suffered from noncompliance with § 27-40-510. See § 27-40-410(a).

7.2. If Tenant gives no written forwarding or new address, § 27-40-410(a) limits damages under that subsection only if the Landlord had no notice of Tenant's whereabouts and mailed the notice and any balance to the 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 apply to a magistrate having jurisdiction for ejectment if the Tenant remains in possession without consent after the Termination Date.

8.2. The right to seek rent and actual damages allowed by the lease and South Carolina law, in a court with jurisdiction over each claim. Section 22-3-10 has category-specific money-claim limits and a separate landlord-tenant and possession provision.

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 payment before issuance of a court rule to vacate or show cause requires review under the agreement and applicable law; this Notice cannot predetermine its effect. Once the rule issues, § 27-37-150 states that rent acceptance does not itself waive ejectment or renew or extend the tenancy.

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. If you remain without consent, the Landlord must use the applicable court process for ejectment rather than this Notice alone. Unlawful exclusion or willful interruption of essential services under § 27-40-660 permits you to recover possession or terminate the lease, plus the greater of three (3) months' periodic rent or twice your actual damages, and reasonable attorney's fees.

9.2. Anti-retaliation. Under S.C. Code § 27-40-910, specified retaliatory possession actions, rent increases above fair-market value, and decreases in essential services are prohibited after:

• 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.

The statute has exceptions and a separate, conditional seventy-five-day protection for retaliatory nonrenewal. To assert a retaliation defense in a possession action, give the landlord written notice of intent within ten days after service of the Rule to Vacate or Show Cause under subsection (f).

9.3. Anti-discrimination. The South Carolina Fair Housing Law (including § 31-21-40) and the federal Fair Housing Act (including 42 U.S.C. § 3604) prohibit covered discriminatory rental practices on protected grounds, subject to their coverage and exemptions. Review any claimed discriminatory termination or nonrenewal under the operative provisions.

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. In a contested ejectment case, S.C. Code §§ 27-37-60 and 27-37-80 permit either party to demand a jury trial.

9.6. 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 appeal-bond and five-day filing language. Seek prompt advice on the applicable appeal and stay procedure.

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 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 [__/__/____]

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: [__/__/____]

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

13. SOUTH CAROLINA PRACTICE NOTES

13.1. Minimum 30/7 day rule. Section 27-40-770(b) requires at least thirty days' written notice for month-to-month termination; subsection (a) requires at least seven days for week-to-week termination. Confirm the date under § 27-40-240 before giving the notice.

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 limits. Section 27-40-770 does not require a reason in the periodic-tenancy notice. Apply § 27-40-910, fair-housing law, and any other governing restriction to the actual circumstances.

13.4. Rent acceptance after notice. Determine the effect of each payment under the agreement and law. Section 27-37-150's statutory non-waiver rule begins when the court issues a Rule to Vacate or Show Cause; it does not resolve payments accepted earlier.

13.5. Federally assisted housing. Identify the specific program, lease, and current governing termination and notice rules. This state-law notice alone may not satisfy a program's requirements.

13.6. Local requirements. Check any applicable local housing rules before use.

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

13.8. Servicemember protections. Before seeking ejectment, check whether 50 U.S.C. § 3951 applies to the residential premises, service or dependent status, and annually adjusted rent limit; its court-order and relief rules have separate conditions.

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 § 27-40-240 (Notice; delivery and mailing).
• 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).
• 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)