South Carolina Eviction Law at a Glance
State Statute
S.C. Code §27-40-710 — South Carolina Residential Landlord and Tenant Act
Notice Periods
- Nonpayment: 5-Day Pay or Quit
- Lease violation: 14-Day Cure or Quit
- Unconditional: 14-Day Unconditional Quit (Repeat Violation)
- End of tenancy: 30-Day Notice to Vacate
Available Defenses
- Habitability (S.C. Code §27-40-440)
- Retaliation (S.C. Code §27-40-910)
- Procedural defects
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 5 days to pay past-due rent; 14 days to cure lease violations
Self-Help Eviction
PROHIBITED — Landlord must use court process (S.C. Code §27-40-660)
Court & Filing
Magistrate Court
Landlord must file ejectment action in magistrate court
Complaints: South Carolina Attorney General Consumer Protection Division
Additional Protections
- Self-help eviction prohibited
- Tenant has right to cure within notice period
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South Carolina Eviction Response FAQ
How many days do I have to respond to an eviction notice in South Carolina?
In South Carolina, the response deadline depends on the type of eviction notice: Nonpayment: 5-Day Pay or Quit; Lease violation: 14-Day Cure or Quit; Unconditional: 14-Day Unconditional Quit (Repeat Violation); End of tenancy: 30-Day Notice to Vacate. Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in South Carolina?
Available defenses in South Carolina include: Habitability (S.C. Code §27-40-440), Retaliation (S.C. Code §27-40-910), Procedural defects, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does South Carolina require landlords to give tenants a right to cure?
Yes. Tenant has 5 days to pay past-due rent; 14 days to cure lease violations
Can my landlord evict me without going to court in South Carolina?
No. Under S.C. Code §27-40-660, self-help eviction is prohibited in South Carolina. Your landlord must file in Magistrate Court and obtain a judgment.
What should I include in an eviction response letter in South Carolina?
Your letter should: (1) identify the notice by date and type, (2) cite S.C. Code §27-40-710, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in South Carolina?
File complaints with the South Carolina Attorney General Consumer Protection Division and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
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