Fillable South Carolina 5 Day Notice To Pay Or Vacate (Page 2 of 2) in pdf

SECTION 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant's personal

property.

(A) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement other than

nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition

of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant specifying the acts and omissions

constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the

notice, if the breach is not remedied in fourteen days. The rental agreement terminates as provided in the notice except that:

(1) if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach before the date specified in

the notice, or

(2) if the remedy cannot be completed within fourteen days, but is commenced within the fourteen-day period and is pursued in

good faith to completion within a reasonable time, the rental agreement may not terminate by reason of the breach.

(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of

Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of

nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's

obligation to provide notice under this section 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 written notice requirement upon

the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following

or a substantially equivalent provision:

"IF YOU DO NOT PAY YOUR RENT ON TIME

This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You

will get no other notice as long as you live in this rental unit."

The presence of this provision in the rental agreement fully satisfies the "written notice" requirement under this subsection and

applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement

contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice

to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental

agreement has expired.

(C) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or

evictions in magistrate's or circuit court without posting bond for any noncompliance by the tenant with the rental agreement or

Section 27-40-510. A real estate broker-in-charge licensed in this State or a licensed property manager, in the conduct of his

licensed business may, either in person or through one or more regular employees, complete a form writ of eviction and present

facts to judicial officers on behalf of his landlord/principal in support of an action for eviction and/or distress and/or

abandonment for which no separate charge is made for this service. If the tenant's noncompliance is wilful other than

nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney. If

the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is

represented by an attorney.

(D) Personal property belonging to a tenant removed from a premises as a result of an eviction proceeding under this chapter

which is placed on a public street or highway shall be removed by the appropriate municipal or county officials after a period of

forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course

of debris or trash collection before or after a period of forty-eight hours. If the premises is located in a municipality or county

that does not collect trash or debris from the public highways, then after a period of forty-eight hours, the landlord may remove

the personal property from the premises and dispose of it in the manner that trash or debris is normally disposed of in such

municipalities or counties. The notice of eviction must clearly inform the tenant of the provisions of this section. The

municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not

informed in the notice of eviction of the provisions of this section.

HISTORY: 1986 Act No. 336, Section 1; 1992 Act No. 484, Section 1; 1998 Act No. 382, Section 2; 1999 Act No. 59, Section

South Carolina 5 Day Notice To Pay Or Vacate Page 2

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