Understanding Cure or Quit Notices in South Carolina

If you're renting a home or apartment in South Carolina, it's important to know what your rights are when your landlord claims you've violated your lease. One critical document in this process is the "Cure or Quit Notice." Knowing how these notices work—and what to do if you receive one—can help you stay in your home and protect your rights as a tenant in South Carolina.

What Is a Cure or Quit Notice?

A Cure or Quit Notice is a formal document from your landlord letting you know that they believe you have violated your lease, and giving you a set period of time to fix ("cure") the problem or move out ("quit") the rental property. In South Carolina, landlords are required by law to provide this notice for most lease violations before starting an eviction case in court.

When Are Cure or Quit Notices Used?

Under South Carolina law, Cure or Quit Notices are commonly used for issues like:

• Not paying rent on time
• Minor violations of the lease agreement (such as having unauthorized pets, guests, or vehicles)
• Failing to maintain the property in a clean and safe condition

Notices are required except for certain serious violations (like criminal activity), which may lead to immediate action without a cure period.

What Does South Carolina Law Require?

The main law governing tenant rights and eviction notices is the South Carolina Residential Landlord and Tenant Act.^[1] According to Section 27-40-710:

• For nonpayment of rent, your landlord must give you a written 5-day notice to pay rent or face eviction. The notice should clearly state the amount owed and that failure to pay will result in eviction proceedings.
• For other minor lease violations, you must receive a written 14-day notice to either fix the violation or move out.

Official Notice Forms in South Carolina

South Carolina does not provide specific, statewide eviction notice forms for landlords or tenants. Instead, landlords generally draft their own written notices, but these must follow state law. Always make sure any notice you receive includes:

• The exact lease violation
• How many days you have to fix it (5 days for nonpayment of rent, 14 days for other violations)
• The date the notice was given
• Clear instructions about what to do to cure the violation

Renters can view guidance and sample notices from the state's official landlord-tenant law. For answers or template language, see the State's Residential Landlord and Tenant Act.

Which Board Handles Rental Disputes?

Eviction cases and disputes are filed with the South Carolina Magistrate Court, which is the official tribunal for landlord-tenant matters in the state.^[2]

If You Receive a Cure or Quit Notice: Next Steps

If you get a Cure or Quit Notice, here’s what you can do to protect your rental rights:

• Read the notice carefully—look for the reason and the deadline.
• If for nonpayment of rent, gather documentation and arrange payment within 5 days.
• For other violations, fix the problem within the 14-day window and notify your landlord in writing.
• If you disagree, keep records and seek legal or tenant support right away.

What Happens If You Don’t Cure the Violation?

If the issue is not resolved in time, your landlord can file a Summons and Complaint for Eviction at the Magistrate Court. This starts an official eviction lawsuit. You’ll receive court papers, and you have the right to respond or appear in court.

Frequently Asked Questions: Cure or Quit Notices for South Carolina Tenants

1. How much time do I have to fix the problem after getting a Cure or Quit Notice in South Carolina?
   For nonpayment of rent, you have 5 days; for most other violations, you have 14 days to fix the issue or move.
2. Is a landlord required to give me a notice before starting the eviction process?
   Yes, except in certain cases like criminal activity or damage. If you correct the violation in time, the eviction process should end.
3. What should a proper Cure or Quit Notice include?
   The notice must state the violation, what you need to do to fix it, and the exact deadline to comply.
4. Can I challenge a notice if I disagree with the landlord's claim?
   Yes, you can dispute the claim by communicating in writing, keeping records, and seeking advice from the Magistrate Court or legal aid.
5. What happens if my landlord doesn’t follow the proper notice procedure?
   The court may dismiss the eviction case if your landlord fails to give the required notice or does not follow the law.

Key Takeaways for South Carolina Renters

• South Carolina law requires landlords to give written notice and a chance to fix most lease violations before starting eviction.
• Act quickly: fix the problem or pay overdue rent by the deadline to avoid eviction proceedings.
• If you need help or believe the notice is improper, contact local resources or the court for support.

Understanding Cure or Quit Notices and following the right steps can help you stay in your home and protect your legal rights.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act — official legal text
• South Carolina Magistrate Court — handles eviction hearings and tenant-landlord disputes
• South Carolina Legal Services — free or low-cost legal aid for renters
• South Carolina State Housing Finance and Development Authority — housing resources and support

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1. South Carolina Residential Landlord and Tenant Act
2. South Carolina Magistrate Court

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