South Carolina 5-Day Notice to Quit: Free Downloadable Template for 2025

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As a legal template writer with over a decade of experience drafting landlord-tenant forms across the United States, I’ve helped thousands of South Carolina property owners serve compliant eviction notices. One of the most frequently requested documents in the Palmetto State is the South Carolina 5-day notice to quit for non-payment of rent. In this comprehensive guide, I’ll explain exactly when and how to use the 5-day eviction notice in South Carolina, provide a free downloadable template that meets current 2025 requirements, and walk you through filling it out correctly to avoid costly delays in court.

Important Disclaimer: This article and the accompanying template are for informational purposes only and do not constitute legal advice. Laws can change, and individual circumstances vary. Always consult a licensed South Carolina attorney or local magistrate before serving any eviction notice.

What Is a South Carolina 5-Day Notice to Quit?

The 5-day eviction notice South Carolina landlords use for non-payment of rent is formally called an “Eviction Notice for Nonpayment of Rent” under South Carolina Code § 27-40-710(B). This written notice gives the tenant exactly five full days (excluding the day of service, weekends, and legal holidays) to either pay the past-due rent in full or vacate the premises.

According to the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40), this is the only situation in which a 5-day period applies. All other lease violations (such as unauthorized pets, noise, or property damage) require a 14-day notice to comply or quit under § 27-40-710(A).

When Can You Serve a 5-Day Eviction Notice in SC?

You may serve a notice to quit South Carolina residents with a 5-day demand only when:

• The tenant has failed to pay rent when it was due
• The lease or rental agreement does not contain a valid “no grace period” waiver clause that shortens the time
• You are not attempting to evict for any reason other than non-payment (different rules apply for rule violations, criminal activity, or holdover tenants)

Source: S.C. Code Ann. § 27-40-710(B) and § 27-40-910

Critical Timing Rules for the 5-Day Period

Event	Counts as Day 1?	Notes
Day notice is personally served or posted	No – Day 0	Clock starts the next day
Weekends & state holidays	No	Excludes Saturday, Sunday, and legal holidays
Federal holidays	Yes	Only SC state holidays extend the period
Tenant pays in full before Day 5 expires	Eviction stopped	You must accept payment and cannot proceed

Free South Carolina 5-Day Notice to Quit Template – 2025 Version

Click here to download the free South Carolina 5-day eviction notice template (Word .docx)
Download as PDF version

The template I’ve prepared complies with South Carolina Code § 27-40-710(B) and includes all required language, certificate of service, and space for detailed rent ledger information that magistrates look for.

Step-by-Step: How to Fill Out the SC 5-Day Eviction Notice Correctly

1. Header – Insert your (or your LLC’s) full legal name and address as Landlord/Agent.
2. Tenant names – List every adult tenant exactly as they appear on the lease.
3. Premises address – Include unit number and city (e.g., Columbia, Charleston, Greenville).
4. Amount due – Specify the exact past-due rent only. Do NOT include late fees, attorney fees, or future rent unless your lease explicitly allows it and you have a separate court ruling.
5. Breakdown table – Use the included table to show month, due date, and amount for clarity.
6. Five-day language – The pre-written paragraph already contains the mandatory statutory wording.
7. Certificate of Service – Sign and date after you serve the notice (see service methods below).

Acceptable Ways to Serve the 5 Day Eviction Notice in South Carolina

South Carolina is strict about proof of service. Acceptable methods under § 27-37-40 and magistrate rules:

• Personal delivery to the tenant (best)
• Leaving with an adult resident + mailing first-class
• Posting on the door + mailing first-class (if no one is home)
• Certified mail alone is NOT sufficient for the 5-day notice

What Happens After the 5 Days Expire?

If the tenant neither pays nor vacates by 5:00 p.m. on the fifth countable day, you may file an “Application for Ejectment” (Form SCCA/702) at your county magistrate court the very next business day. Most South Carolina magistrates schedule Rule to Vacate hearings within 10 days of filing.

Common Mistakes That Get Cases Dismissed in SC Magistrate Court

In my experience reviewing thousands of eviction filings, these are the top errors that cause immediate dismissal:

• Including late fees or utilities in the 5-day demand amount
• Counting weekends or holidays in the five-day period
• Using an old template that still references the repealed 3-day rule
• Failing to attach the lease or written rental agreement
• Serving only by certified mail
• Accepting partial payment after serving the notice (waives your right to proceed)

Frequently Asked Questions About the South Carolina 5-Day Notice

Can I charge late fees in addition to the past-due rent?
Yes, but do NOT include late fees in the 5-day notice amount. Demand only unpaid base rent to preserve your eviction right.

Does the CARES Act or CDC moratorium still apply in 2025?
No. All federal moratoriums expired years ago.

Can I use the 5-day notice for Section 8 or public housing tenants?
Generally yes, but you must copy the housing authority and follow any additional PHA rules.

What if the tenant files bankruptcy after I serve the notice?
The automatic stay stops your eviction. Consult an attorney immediately.

Final Thoughts

Serving a proper South Carolina 5-day notice to quit is the critical first step in the eviction process for non-payment of rent. Using the correct, up-to-date template and following the timing and service rules exactly will save you weeks of delays and hundreds (or thousands) in lost rent.

Download the free 2025-compliant template above, fill it out carefully, serve it correctly, and keep detailed records. If you ever feel uncertain, a quick consultation with a local landlord-tenant attorney is always cheaper than starting the process over after a dismissal.

Remember: This information is current as of November 2025 and is based on South Carolina Code Title 27 Chapter 40 and direct experience in magistrate courts statewide. Laws can change, so verify with official sources or legal counsel before proceeding.

Not legal advice. Consult a licensed South Carolina attorney for your specific situation.

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