Eviction Notices in South Carolina: What Landlords Need to Know
In South Carolina, eviction is a legal process that landlords must navigate carefully to ensure compliance with state law. Before evicting a tenant, you must provide proper notice and an opportunity for the tenant to rectify the situation that prompted the eviction proceedings. The specific notice requirements vary based on the reason for the eviction notices.
Eviction for Nonpayment of Rent
If a tenant doesn’t pay their rent by the stipulated deadline, South Carolina landlords can issue a five-day notice to pay or vacate the premises. This means the tenant must have a five-day window to settle any rent arrears or leave the property. The eviction proceedings must immediately halt should the tenant make good on their rent obligations within this five-day window. If they don’t pay up, landlords can begin the formal eviction process in court.
Eviction for Breach of Rental Agreement Terms
If tenants breach any conditions of their rental agreements, landlords can provide a 14-day notice to rectify the violation or vacate the property. This includes verbal or written agreements but excludes those related to rent payments. This grace period provides tenants with a two-week window to either correct the breach or opt to leave. The eviction process is suspended if the tenant successfully addresses and mends the violation within these 14 days. If they don’t, eviction proceedings can commence.
Eviction for Failure to Maintain a Unit in a Healthy and Safe Manner
Every tenant is responsible for keeping their rental unit in a healthy and safe condition. If they fail in this duty, landlords can hand them 14-day eviction notices, asking them to either address the maintenance concerns or depart from the property. If the tenant doesn’t heed this notice and fails to resolve the issue or vacate, the landlord has the green light to initiate the eviction procedure.
Eviction for Rental Unit Abandonment
Sometimes, tenants abandon their rental units, which means vacating for 15 days or longer after unpaid rent is due without notice and with no apparent intention of returning. In these cases, South Carolina law allows the landlord to reclaim the property without the standard eviction formalities. This lease ending is not considered an eviction. However, if you attempt to reclaim a unit under these circumstances, you need solid proof of abandonment. As a result, it’s wise to seek professional legal guidance in such cases.
Eviction for Refusal to Move Out at the End of the Lease Term
There are cases where a tenant, after the expiration of their lease term, chooses to stay on the property without the landlord’s consent as a “holdover tenant.” When this occurs, landlords in South Carolina can initiate eviction proceedings against the tenant in court. In most cases involving monthly rental payment periods, landlords must give tenants at least 30 days written notice before eviction.
How a Real Estate Lawyer Can Help If You Need to Evict a Tenant
Evicting a tenant as a South Carolina landlord can be a challenging process, riddled with confusing legal requirements and potential pitfalls. A real estate lawyer with a deep understanding of South Carolina’s eviction laws can guide you through each step.
They can ensure you’re compliant with all state regulations, draft and serve appropriate eviction notices on your behalf, and represent you in court if necessary. Having a lawyer on your side can also reduce the risk of costly legal mistakes and provide reassurance during a stressful situation.
Contact a Landlord Attorney in South Carolina Today
Are you a South Carolina landlord contemplating eviction proceedings? Let Crawford & von Keller, LLC, experienced in landlord-tenant issues to be your ally in this process. With over 70 years of combined experience, we stand ready to provide the clarity you need. Contact Crawford & von Keller, LLC, at 803-790-2626 now for trusted assistance.
Member AttorneyAttorney Profiles