South Carolina's five-day rule is widely quoted and widely misunderstood. Section 27-40-710(B) does require written notice of nonpayment and of the landlord's intention to terminate — but it also says that obligation is satisfied for the rest of the lease term once one such notice has been given, or if the required language appears conspicuously in the written rental agreement itself.
Start an SC Notice — $49.99 See all 50 statesThe table paraphrases commonly cited residential notice periods under the South Carolina Residential Landlord and Tenant Act. It is background information, not a determination that any of these applies to your tenancy.
| Situation | Notice the statute describes | Citation |
|---|---|---|
| Rent unpaid when due | Written notice of nonpayment and of the landlord's intention to terminate if rent is not paid; the tenant has five days from the date due. The obligation is satisfied for later periods after one such notice, or by conspicuous language in the written rental agreement | § 27-40-710(B) |
| Noncompliance other than nonpayment of rent | Written notice specifying the acts and omissions and stating the agreement terminates on a date not less than 14 days after receipt, if the breach is not remedied in 14 days | § 27-40-710(A) |
| Breach that cannot be fully cured in 14 days | The agreement does not terminate if the remedy is commenced within the 14-day period and pursued in good faith to completion within a reasonable time | § 27-40-710(A)(2) |
| Ending a month-to-month tenancy | Written notice given at least 30 days before the termination date specified in the notice | § 27-40-770(b) |
| Tenant abandonment or unauthorized use provisions | Cross-referenced grounds under § 27-40-540 are treated on the nonpayment track in § 27-40-710(B) | §§ 27-40-540, 27-40-710(B) |
Subsection (B) provides that the landlord's obligation to give notice under that subsection is satisfied for any lease term after the landlord has given one such notice to the tenant, or if the notice is contained in conspicuous language in a written rental agreement. The statute then supplies the language that will do it, and states that this provision or a substantially equivalent one fully satisfies the written-notice requirement:
The statute goes on to say that where the rental agreement contains that provision, the landlord is not required to furnish any separate or additional written notice in order to commence eviction proceedings for nonpayment — and that the provision applies to a month-to-month tenancy following the specified lease term in the original agreement.
So there are three practical situations, and they lead to different answers:
Which of these describes your tenancy, and what your particular lease language accomplishes, is a legal reading we cannot do for you. Pull out the lease and read it, or have an attorney read it — it is a five-minute exercise that decides whether the notice is required at all.
Subsection (A) covers noncompliance with the rental agreement other than nonpayment of rent, and other than a § 27-40-510 noncompliance materially affecting health and safety or the physical condition of the property. As published, the landlord may deliver a written notice specifying the acts and omissions constituting the breach and stating that the agreement will terminate on a date not less than fourteen days after receipt, if the breach is not remedied in fourteen days. Note that the clock runs from receipt, and note the two exceptions: the agreement does not terminate if the tenant adequately remedies the breach before the date specified, or if a remedy that cannot be completed in fourteen days is commenced within that window and pursued in good faith to completion within a reasonable time.
The Act's notice definitions provide that a person "notifies" or "gives" a notice to another by taking steps reasonably calculated to inform the other in the ordinary course, whether or not the other actually comes to know of it. The same section describes when a person presumptively receives a notice — in the case of the tenant, when it is delivered in hand to the tenant, or mailed by registered or certified mail to the place the tenant has held out as the place for receipt of communications, or, absent such a designation, to the tenant's last known place of residence.
Two things follow. Because § 27-40-710(A) keys its fourteen days to receipt, and because the Act names certified mail among the ways receipt is presumed, the record of a mailing is doing real work in South Carolina — it is not just a filing convenience. And because the general standard is "steps reasonably calculated to inform," documentation of what you did is the evidence that you met it.
For nonpayment of rent, § 27-40-710(B) gives the tenant five days from the date rent was due, after written notice of nonpayment and of the landlord's intention to terminate. For other curable breaches, § 27-40-710(A) describes a fourteen-day notice running from receipt. To end a month-to-month tenancy, § 27-40-770(b) requires at least thirty days' written notice before the termination date stated in the notice.
The statute says the landlord's notice obligation under subsection (B) is satisfied for any lease term after one such notice has been given, or if the required language appears conspicuously in the written rental agreement. Whether that means you personally need not send another is a question about your lease and your history with that tenant — read the statute and your agreement, or ask counsel.
Subsection (B) sets out a specific provision beginning "IF YOU DO NOT PAY YOUR RENT ON TIME," and states that this provision, or a substantially equivalent one, in the rental agreement fully satisfies the written-notice requirement. It is quoted in full in the section above. Whether your lease's wording is "substantially equivalent" is a legal judgment.
Section 27-40-240 describes a tenant as presumptively receiving a notice when it is delivered in hand or mailed by registered or certified mail to the place held out for receipt of communications, or absent a designation, to the last known place of residence. Whether that method is the right choice in your matter is a question for you and your attorney; we provide the mailing and the record of it, not the legal judgment.
Section 27-40-710(C) refers to evictions in magistrate's or circuit court without posting bond, and also provides that a licensed broker-in-charge or licensed property manager may, in the conduct of his licensed business, complete a form writ of eviction and present facts to judicial officers on behalf of the landlord where no separate charge is made for the service. Practice varies by county; check with your magistrate's office.
The Residential Landlord and Tenant Act is statewide, but magistrate court practice, filing procedures, forms, and scheduling vary considerably by county. A notice that satisfies the statute can still hit a local procedural requirement. Confirm your county's practice before filing.
In South Carolina, once the applicable period has run without cure and the tenant has not vacated, the landlord may seek an order of ejectment through the magistrate's court for the county where the property sits. A USPS record of what was sent, when, and to what address — or photo and GPS documentation of an attended delivery — is a form of delivery documentation commonly referenced in landlord-tenant filings, and matters in a state whose statute frames both delivery and the running of the fourteen-day period around receipt. Whether any particular court accepts a given record, and whether your notice track and delivery method are correct, are matters for the landlord and the landlord's attorney to evaluate.
EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool. Because South Carolina lets lease language stand in for the nonpayment notice, we suggest checking your agreement before you decide you need one.
S.C. Code § 27-40-710 (Noncompliance with rental agreement; failure to pay rent) — Justia · LawServer
S.C. Code § 27-40-770 (Periodic tenancy; holdover remedies) — Justia
S.C. Code § 27-40-240 (Notice) — Justia
Residential Landlord and Tenant Act, full chapter — South Carolina Legislature (official)
Ejectment procedure generally — S.C. Code tit. 27, ch. 37; see South Carolina Legislature (official)
County-level magistrate eviction guidance (example) — Lexington County Magistrate, Evictions
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