Did you know that South Carolina Legal Code 27 - 40 covers tenant eviction and the eviction process? This guide outlines the causes and the steps landlords should know before they begin the eviction process. Landlords must have legal cause to evict. It is very important for landlords to use a clear, comprehensive and detailed lease or rental agreement to begin with – like VerticalRent’s online rent application. This avoids the possibility of a tenant claiming unfair eviction, and remaining in the property until the parties settle a law suit. As mentioned in other articles about evictions across the United States, the primary reasons for eviction are:
- Failure to pay rent.
- A breach of the rental agreement or lease conditions.
- Illegal activity.
- The agreement expired, but the tenant did not move out.
The law says that landlords must give tenants proper notice, and it clarifies timescales. All notices should be delivered in such a way that the landlord can prove date of receipt. To stay compliant with South Carolina Law, the following guidelines will help you as a landlord:
- Failure to Pay Rent: For Nonpayment of Rent, written notice must be provided giving your tenant 5 days to remit payment of past due rent. You can ask your tenant to pay rent by sending you a papercheck, or inviting them to the VerticalRent tenant portal where they can sign-up for online rent collection.
- Breach of the Rental Agreement: The tenant has 14 days from the date of receiving the written notice in order to comply with the terms of the lease. A breach of lease terms can be a violation of anything you set forth in your lease. For instance, let’s say that you have a rental in a college town and rent to students enrolled at the local university. In your lease agreement, you explicitly state that “keg parties” are not allowed. If for some reason, you have evidence that a keg party is occurring on your property – you can start the eviction process for breach of lease terms.
- Illegal Activity: If the tenant is engaged in illegal activities, you may file an eviction lawsuit immediately provided that written notice has been provided to the tenant. It’s important to have evidence of illegal activity before starting the eviction process. Most landlords involve the local authorities to uncover evidence prior to starting the eviction process. The choice is really yours as the landlord.
- End of Lease, Month-to-Month, Etc: Issue a 30 day notice to quit the premises.
If the tenant corrects the problem (e.g. pays the rent) then you cannot evict them. If the tenant does not correct the problem, you may issue an eviction notice. When issuing an Eviction Notice, you should include the following:
- Name the personal and premises details: landlord and tenants' details, property address, etc.
- State the reason for the eviction.
- Clarify the tenant, and anyone else in the property, has 30 days to quit and surrender the property.
- Clarify that if they do not quit and surrender, they forfeit any rights under the agreement, and you will begin legal proceedings, and will sue for unpaid rent, cost of repair, legal costs, and costs of repossessing the premises.
Under South Carolina law, only a law enforcement officer may execute a forcible eviction. By following this guide, you maximize the likelihood of winning a law suit, if it goes that far.
VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.
Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.
Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.
Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.