Eviction Notice Template South Carolina

NOTICE TO QUIT / EVICTION NOTICE

1. DOCUMENT PREAMBLE AND RECITALS

This Notice to Quit (the “Notice”) is served on this [Date] day of [Month], [Year] (the “Effective Date”), by [Landlord/Property Manager Name] (“Landlord”), with a notice address of [Landlord Address], to [Tenant Name(s)] (“Tenant”), residing at [Rental Property Address] (the “Premises”).

RECITALS: WHEREAS, Landlord and Tenant entered into a Residential Lease Agreement dated [Lease Execution Date] (the “Lease”) concerning the Premises; WHEREAS, the Premises are located within the jurisdiction of [County Name] County, South Carolina; WHEREAS, the Tenant has committed a breach of the Lease terms as specified herein, necessitating the exercise of Landlord’s right to reclaim possession of the Premises pursuant to the South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40-10, et seq.).

2. OPERATIONAL DEFINITIONS

1. “Act” refers to the South Carolina Residential Landlord and Tenant Act, S.C. Code § 27-40-10, et seq., as amended.
2. “Breach” refers to the failure of the Tenant to perform any obligation under the Lease, including, but not limited to, non-payment of rent or violation of community rules.
3. “Cure Period” refers to the time allowed for the Tenant to rectify the Breach, as defined by South Carolina statute or the specific terms of the Lease.
4. “Premises” refers to the physical residential property located at [Rental Property Address].
5. “Rent” refers to the periodic payment due from Tenant to Landlord in the amount of [Dollar Amount].

3. SUBSTANTIVE TERMS AND OBLIGATIONS

1. Basis for Notice. Tenant is hereby notified that they are in violation of the Lease for the following reason(s): [Describe violation, e.g., failure to pay rent, unauthorized occupants, property damage].
2. Outstanding Obligations. As of the Effective Date, the total amount of unpaid Rent and/or other charges due is [Dollar Amount].
3. Performance Metric. Tenant shall remedy the Breach by paying the full amount due or correcting the specified violation no later than the conclusion of the statutory grace period provided under S.C. Code § 27-40-710.
4. Representations. Landlord represents that this Notice is issued in accordance with the procedural requirements of South Carolina law and that the Landlord maintains a lawful right to possession of the Premises.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach. Any failure to comply with the terms of this Notice within the Cure Period shall constitute a material default, justifying immediate termination of the Lease.
2. Cure Period. Pursuant to S.C. Code § 27-40-710, the Tenant is granted [e.g., 5 days for rent, 14 days for other breaches] business days to cure the default.
3. Remedies. In the event the Breach is not cured within the allotted period, Landlord shall be entitled to: a. File an action for ejectment in the Magistrate Court of [County Name] County; b. Seek recovery of all past due Rent, court costs, and reasonable attorney’s fees as permitted by statute; c. Terminate the Lease effective immediately upon expiration of the notice period.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability. If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement. This Notice constitutes the entire understanding between the parties regarding the subject matter of the breach and supersedes all prior communications.
3. Governing Law. This Notice shall be governed by, and construed in accordance with, the laws of the State of South Carolina.
4. Dispute Resolution. Any legal action arising out of this Notice shall be brought exclusively in the Magistrate Court or Circuit Court located in [County Name] County, South Carolina.
5. Force Majeure. Neither party shall be held liable for failure to perform duties due to events beyond their reasonable control, excluding, however, the financial obligation to pay rent.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord has caused this Notice to be executed as of the Effective Date.

LANDLORD:

Signature: ___________________________ Print Name: [Landlord/Manager Name] Title: [Title/Capacity] Date: [Date]

ACKNOWLEDGMENT OF RECEIPT (TENANT): (By signing below, Tenant acknowledges receipt of this Notice; such signature does not constitute an admission of the Breach.)

Signature: ___________________________ Print Name: [Tenant Name] Date: [Date]