South Carolina Eviction Notice Periods: 7-Day vs. 30-Day Guide
If you're a renter in South Carolina and you’ve been served with an eviction notice, it’s important to understand what the notice means and what your rights are. South Carolina law uses different eviction notice periods—most commonly 7-day and 30-day notices—depending on the reason for eviction. This guide explains both types, when they're used, and the steps you can take if you receive one.
Understanding Eviction Notices in South Carolina
Eviction notices are formal warnings from your landlord that you must either fix a problem (“cure” the violation) or leave the rental property. The required notice period depends on why the landlord is seeking eviction, as defined by South Carolina Residential Landlord and Tenant Act.[1]
What Is a 7-Day Eviction Notice?
The 7-day notice is typically used when the reason for eviction is nonpayment of rent or certain lease violations. Here’s how it works:
- Nonpayment of Rent: If you fail to pay rent on time, your landlord may serve you a 5-Day Notice to Pay Rent or Quit. However, if your lease specifies, or if the 5-day notice is waived in writing, the landlord can proceed faster. After the notice expires and payment is not made, you could receive a Rule to Vacate/Show Cause which gives you 7 days to respond or leave.
- Lease Violations: For violations that can be remedied (like unauthorized pets), your landlord must give you a 14-day written notice to cure or vacate. Immediate eviction (without the notice period) is only possible in certain severe cases (like criminal activity).
For most renters, the 7-day period applies after a Rule to Vacate/Show Cause (Form SCCA/732) has been issued by the court.[2] This is the tenant's final window to respond to eviction proceedings.
What Is a 30-Day Eviction Notice?
A 30-day notice is generally used for:
- Terminating a month-to-month rental agreement without cause (for example, if the landlord simply wants the unit back)
- Non-renewal of a lease
- Situations where the law requires advance, unconditional notice
This notice must be given in writing, and the landlord must allow the renter a full 30 days before demanding that they vacate the property. Such termination does not require a reason but must follow the correct notice process under South Carolina state law.[1]
Official Forms and How They’re Used
- Rule to Vacate/Show Cause (Form SCCA/732): This is the official court document a landlord files after you do not comply with an eviction notice. You’ll receive this form once the landlord starts the eviction case. Download and review the Rule to Vacate/Show Cause from the South Carolina Judicial Department.[2]
Example: If you haven’t paid rent and didn’t resolve it after a 5-day notice, the landlord files this form, giving you 7 days to respond to avoid eviction. - Complaint (Application for Ejectment) Form SCCA/716: The landlord files this form with the court to start the eviction process if the notice period has expired or the violation hasn’t been resolved. Access the Application for Ejectment form here.[3]
Always read these forms carefully and respond quickly. If you don't respond in time, you could lose your chance to contest the eviction.
Who Handles Eviction Cases in South Carolina?
Eviction cases are handled by your local South Carolina Magistrate Court.[4] Once the landlord files a Complaint and you receive the court’s Rule to Vacate/Show Cause, you must reply if you want to contest the eviction.
Your Rights During the Eviction Process
South Carolina renters have the right to:
- Receive proper written notice according to the law
- Be heard in court and present a defense
- Contest the eviction if you believe it’s unlawful or the notice was not served correctly
- Receive a court judgment before being forced to move out (self-help evictions—changing locks or removing belongings without a court order—are illegal)
What to Do If You Receive an Eviction Notice
If you get a 7-day or 30-day eviction notice in South Carolina, here are practical steps to follow:
- Read your notice for deadlines and reasons
- Check if you can resolve ("cure") the issue within the notice period
- If a court form arrives, respond by the stated deadline (usually 7 days)
- Consider contacting your landlord to resolve the issue before court
- If you have questions or believe your rights are being violated, reach out to free legal aid or tenant support organizations
FAQs: South Carolina Eviction Notice Periods
- What happens if I don't respond to a 7-day Rule to Vacate/Show Cause?
You may be evicted by default, and the landlord can request a writ of ejectment to have you removed. - Can my landlord evict me without giving written notice?
No. South Carolina law requires written notice and a court process before eviction. - What should I do if I need more time to move after receiving a 30-day notice?
Communicate with your landlord and, if needed, request an extension in writing. Only a court can grant more time if eviction proceedings have started. - Do I lose my deposit if I get a 7-day or 30-day notice?
You may be entitled to your deposit unless you owe back rent or caused damage. Ask your landlord for a final statement. - Where can I find South Carolina eviction forms?
All official forms are available from the South Carolina Judicial Department forms portal.
Key Takeaways
- Eviction notice periods in South Carolina are either 7 days (for court responses) or 30 days (when ending month-to-month leases).
- Always receive notices in writing and respond quickly.
- Eviction is a legal process handled through Magistrate Court—unlawful lockouts or removals are not allowed.
Need Help? Resources for Renters
- South Carolina Magistrate Court Directory – Find your local court and get contact info
- LawHelpSC Legal Aid Directory – Free or low-cost legal help for renters
- South Carolina Residential Landlord and Tenant Act – Full text of the state law governing evictions
- South Carolina Judicial Department Forms – Download current eviction and court forms
- South Carolina Residential Landlord and Tenant Act: Full legislation here
- Rule to Vacate/Show Cause (SCCA/732): Official form and instructions
- Complaint (Application for Ejectment) SCCA/716: Official form here
- South Carolina Magistrate Court: Contact and case information
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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