Free South Carolina Notice of Non-Renewal
The written notice South Carolina landlords use to end a periodic tenancy or decline to renew a fixed-term lease. S.C. Code § 27-40-770 sets the notice period: 30 days for a month-to-month tenancy under subsection (b), 7 days for week-to-week under subsection (a). Built for South Carolina landlords.
Free South Carolina Notice of Non-Renewal — overview
Notice of Non-Renewal is one of the highest-stakes routine documents in South Carolina landlord-tenant practice. A defective notice — wrong period, improper service, missing required information — cannot support an eviction action, forcing the landlord to start over and pushing recovery of possession back by months. South Carolina non-renewal practice has technical requirements: the notice period turns on the type of periodic tenancy, not on length of occupancy; the clock starts at delivery; service must follow S.C. Code § 27-40-240; the notice must be in writing with all required elements. The form on this page handles the mechanics correctly; the page itself walks through the analysis step by step.
SC Notice Period
30 days
Authority
§ 27-40-770
Allowed Hours
Business hours
Emergency
No notice required
On this page
- What a Notice of Non-Renewal does
- South Carolina legal framework
- Notice period under § 27-40-770
- Authorized delivery methods
- Required information for the notice
- Common mistakes that void the notice
- Tenant remedies for defective notice
- South Carolina statute reference table
- Frequently asked questions
A South Carolina Notice of Non-Renewal is the written notice a landlord uses to end a periodic tenancy or to communicate that a fixed-term lease will not be renewed at expiration. S.C. Code § 27-40-770 sets the notice-period requirements: 30 days’ written notice for a month-to-month tenancy under subsection (b), and 7 days for a week-to-week tenancy under subsection (a). Service must follow S.C. Code § 27-40-240. Getting the notice right is high-stakes work: a defective notice cannot support an eviction action, and the landlord must start over with a corrected notice — pushing recovery of possession back by months. The form on this page handles the mechanics; the rest of this guide walks through the requirements.
📅 Notice Period Calculator
Enter the date you’ll deliver the notice. The calculator shows the earliest valid termination date under S.C. Code § 27-40-770.
Earliest valid termination date
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✎ Complete Your South Carolina Notice of Non-Renewal
1 · Notice Dates
2 · Tenant & Property
3 · Landlord Contact
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What a Notice of Non-Renewal does
A South Carolina Notice of Non-Renewal is the document that ends a residential tenancy without alleging tenant fault. It is the formal communication that the tenancy will not continue past the date specified in the notice. Two distinct scenarios trigger its use: (1) ending a periodic (month-to-month) tenancy, and (2) declining to renew a fixed-term lease at expiration.
The notice is procedurally similar to other South Carolina eviction-related notices, but substantively different. A pay-rent-or-quit notice alleges nonpayment. A cure-or-quit notice alleges a curable lease breach. A notice of non-renewal does not necessarily allege any wrongdoing — it simply ends the tenancy at the end of the notice period.
What the notice accomplishes practically: it establishes the date on which the tenant’s legal right to occupy the premises ends. After that date, if the tenant has not vacated, the landlord may file an unlawful detainer or eviction action to recover possession. The non-renewal notice is the precondition to the eviction action — without it (or with a defective version), the landlord cannot lawfully recover possession of a tenancy that has not otherwise been forfeited.
The form on this page produces a Notice of Non-Renewal that satisfies S.C. Code § 27-40-770 and complies with South Carolina’s notice-period requirements. The mechanical accuracy of the document is critical: a notice that gets the period wrong, omits required information, or fails proper service is unenforceable, and the landlord must start over.
South Carolina legal framework
South Carolina non-renewal of a residential tenancy operates under several layered sources of law. Three primary frameworks apply to most non-renewal notices in this state.
1. S.C. Code § 27-40-770 — the notice-period statute. This is the primary statute setting the required advance notice for terminating a residential periodic tenancy. The notice period is 30 days written notice. The period runs from the date of delivery to the termination date stated in the notice, not from the date the notice was prepared.
2. S.C. Code § 27-40-240 — how notice is given and received. This is the section that governs service of a non-renewal notice, and South Carolina’s rule runs the opposite way to the posting-and-substituted-service regimes many templates import from other states. Under § 27-40-240(B)(3) a tenant receives notice when it is delivered in hand to the tenant, or mailed by registered or certified mail to the place the tenant holds out for receipt of communications or, failing that, the tenant’s last known place of residence. The subsection adds that proof of mailing constitutes notice without proof of receipt. Registered or certified mail is therefore a complete method in itself, not a supplement to something else.
3. Implied covenant of quiet enjoyment. Independent of any specific statute, every South Carolina residential lease carries an implied covenant that the tenant will have peaceful, exclusive possession of the premises for the duration of the tenancy. A non-renewal notice that is part of a pattern of harassment, retaliation, or discrimination breaches this covenant and exposes the landlord to claims for damages, attorney’s fees, and equitable relief.
Anti-retaliation protections. S.C. Code § 27-40-910 prohibits a landlord from retaliating against a tenant for asserting rights under South Carolina landlord-tenant law. A non-renewal notice issued shortly after protected tenant conduct (habitability complaint, code-enforcement contact, organizing or joining a tenant association) can create a presumption of retaliation that the landlord must overcome with evidence of a legitimate, non-retaliatory reason.
Anti-discrimination protections — federal Fair Housing Act and South Carolina fair housing law. A non-renewal notice that targets a tenant based on a protected class (race, color, religion, national origin, sex, familial status, disability, and source of income in some jurisdictions) violates fair housing law regardless of whether the technical notice-period requirements are met. Disparate-impact analysis can also reach facially neutral policies that disproportionately affect a protected class.
Notice period under § 27-40-770
S.C. Code § 27-40-770 sets the notice period for terminating a residential periodic tenancy in South Carolina. In South Carolina, the required advance notice for terminating a residential periodic tenancy is 30 days.
| Tenancy | Required notice | Source |
|---|---|---|
| Month-to-month tenancy | At least 30 days’ written notice before the termination date stated in the notice | S.C. Code § 27-40-770(b) |
| Week-to-week tenancy | At least 7 days’ written notice before the termination date stated in the notice | S.C. Code § 27-40-770(a) |
The clock starts at delivery. The notice period runs from the date the tenant has actual or presumed notice — the date of delivery in hand, or the date of mailing where the notice goes by registered or certified mail. The notice must specify a termination date that falls at or after the end of the required period. A notice that calculates the date wrong (for example, counting from the date of preparation rather than the date of service) is defective and unenforceable.
Length of occupancy does not change the period. Section 27-40-770 tiers on the kind of periodic tenancy — seven days for week-to-week under (a), thirty days for month-to-month under (b) — and nowhere on how long the tenant has lived there. States that step a notice up from thirty to sixty days after a year of occupancy are applying their own statutes; South Carolina has no such tier, and a landlord who gives sixty days because a tenant is long-established is being generous rather than compliant.
Fixed-term leases — non-renewal vs. termination. A fixed-term lease typically expires by its own terms on the last day of the term. If the lease itself requires the landlord to give advance notice of non-renewal, failing to give that notice may convert the tenancy to month-to-month on the same terms. Check the lease before assuming the fixed term simply expires.
The notice cannot be shortened by lease provision. A lease term that purports to authorize less than the statutory notice period is void and unenforceable as to that provision. The tenant can consent to a shorter period at the time the notice is issued, but cannot prospectively waive the § 27-40-770 minimum in advance through a lease.
The notice can be lengthened by lease provision. A lease that requires the landlord to give 90 days notice of non-renewal is enforceable — the landlord must give the longer period the lease specifies. Longer-notice lease provisions are common in larger rental developments and corporate-owned properties.
Authorized delivery methods
S.C. Code § 27-40-240 sets out how notice is given and received under the Act, and therefore how a notice of non-renewal is served in South Carolina. The statutory methods are delivery in hand to the tenant and registered or certified mail to the address the tenant holds out for receipt of communications or, failing that, the last known place of residence. Under § 27-40-240(B) a person also gives notice by “taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it,” and proof of mailing constitutes notice without proof of receipt — which is why certified mail is the strongest practical choice. Note that § 27-40-240(D) computes time by reference to the South Carolina Rules of Civil Procedure.
| Method | Procedure | Effective date |
|---|---|---|
| Delivery in hand | Hand the notice directly to the tenant. § 27-40-240(B)(3). | Date of delivery — clock starts immediately |
| Registered or certified mail | Mail the notice to the place the tenant holds out as the place for receipt of communications or, in the absence of such a designation, to the tenant’s last known place of residence. § 27-40-240(B)(3). | Proof of mailing is notice — the statute does not require proof of receipt |
| Ordinary first-class mail | Not one of the two methods § 27-40-240(B)(3) names. Use registered or certified mail so the proof-of-mailing rule applies. | — |
| Posting on the door, or leaving it with an occupant | Not a method South Carolina’s statute provides. Posting-plus-mailing and substituted service are features of other states’ notice codes (for example California’s) and are commonly imported into South Carolina templates by mistake. | — |
| Email or text alone | Not one of the statutory methods. § 27-40-240(A) can make a tenant who actually knows of a fact charged with notice of it, but do not rely on electronic delivery as your service method. | — |
Delivery in hand is the cleanest and most defensible. Whenever practical, deliver the notice personally to the tenant. Document the date, time, and circumstances of delivery — ideally with a witness or photo. Delivery in hand starts the notice clock immediately, eliminating any dispute about when the period began.
Certified mail stands on its own here. This is the point most South Carolina templates get backwards. Section 27-40-240(B)(3) makes registered or certified mail a complete method, and says in terms that proof of mailing constitutes notice without proof of receipt. A tenant who refuses the envelope has still been given notice. Keep the certified-mail receipt; it is the whole proof.
Do not fall back on posting the notice to the door. Posting-plus-mailing is a creature of other states’ notice codes and § 27-40-240 does not provide it, so a posted notice is not service in South Carolina. If the tenant is not home, use registered or certified mail — that is the statute’s own answer to the absent tenant, and proof of mailing is notice without proof of receipt. Photograph nothing to the door; keep the mailing receipt instead. Where a notice does need to be left somewhere, the tenant would reasonably discover it — the front door of the unit is standard.
Document delivery rigorously. Whatever method is used, the landlord should document the date, time, method, and circumstances of delivery. The landlord’s defense in any later challenge to the notice — including in an unlawful detainer or eviction proceeding — depends almost entirely on this documentation. Keep delivery documentation in the property file for the duration of the tenancy plus the applicable statute of limitations.
Required information for the notice
S.C. Code § 27-40-770 does not specify a precise content requirement for non-renewal notices, but settled South Carolina practice and case law establish a minimum set of elements the notice must contain.
| Element | Why it’s required |
|---|---|
| Date of the notice | Establishes the timeline; required for proof of service |
| Names of all tenants | The notice must run against every adult tenant on the lease (or all named occupants if no formal lease) |
| Property address | Identifies the specific premises being terminated |
| Termination date | Must be at least the required period after delivery; specific calendar date |
| Statutory authority | Reference to S.C. Code § 27-40-770 establishes the legal basis |
| Landlord name and contact | Required for any tenant response or follow-up |
| Signature | Must be signed by the landlord or authorized agent |
| Method of service | Notice itself doesn’t require this, but proof of service should be prepared and retained |
Termination date must be calculated correctly. The date stated in the notice as the termination date must be at least the statutory required number of days after the date of delivery. A notice that says “tenancy terminates X days from the date of this notice” without identifying a specific calendar date creates ambiguity and is on weaker enforcement ground. Pick a specific calendar date and verify the math.
The landlord’s identity must be unambiguous. If a property-management company is serving the notice on behalf of an owner, the notice should make that relationship clear. A notice signed in an ambiguous capacity invites disputes about authority.
Documentation supports the notice. Beyond the notice itself, the landlord should retain a copy of the lease (showing the tenancy duration and terms), a record of delivery (proof of service), and any communications with the tenant about the non-renewal. These documents become evidence if the tenant disputes the notice.
Common mistakes that void the notice
Calculating the notice period from the wrong date
The notice period runs from the date of delivery, not from the date the notice was prepared, signed, or dated. A notice signed on March 1, served on March 15, with a termination date that does not account for the service date as the start of the clock is defective. The miscalculation is one of the most common reasons notices fail in unlawful detainer or eviction proceedings.
Reading the period off length of occupancy
Several states step the notice period up once a tenant has been in place for a year. South Carolina does not: § 27-40-770 tiers only on whether the tenancy is week-to-week or month-to-month. A landlord who reaches for a longer period because the tenant is long-established is not applying South Carolina law, and one who assumes a fresh fixed-term lease resets anything has misread the section too. Identify the kind of periodic tenancy and apply the matching figure.
Mailing by the wrong class
South Carolina’s statutory methods are delivery in hand and registered or certified mail. The mistake here is not mailing — it is mailing by the wrong class. Ordinary first-class mail is not one of the two methods § 27-40-240(B)(3) names, so it does not attract the proof-of-mailing rule; use registered or certified mail and keep the receipt.
Email or text-only delivery
Email and text are not authorized methods of service for termination notices in South Carolina, even if the lease purports to authorize electronic service. A notice delivered only by email or text is generally void.
Issuing a non-renewal during a protected period
Under S.C. Code § 27-40-910, a non-renewal that follows protected tenant conduct (habitability complaint, code-enforcement contact, tenant union activity) can be presumed retaliatory. Issuing a non-renewal within the protected period without a documented legitimate reason invites a retaliation claim and shifts the burden of proof to the landlord.
Targeting a tenant in a protected class
Even where the technical notice-period requirements are met, a non-renewal that targets a tenant based on race, religion, national origin, familial status (including pregnancy or having children), disability, source of income, or other protected characteristics under federal and South Carolina fair housing law is illegal. Disparate-impact analysis can also reach facially neutral patterns. A pattern of non-renewals concentrated in one demographic exposes the landlord to fair housing claims.
Failing to identify all tenants on the notice
Every adult tenant named on the lease should be named on the non-renewal notice. A notice that omits one of the named tenants is on weaker ground and may not support an eviction action against the omitted tenant. Some courts also require service on each named tenant individually.
Wrong termination date for the rental period
For periodic tenancies, the termination date should fall at the end of a rental period, not in the middle. A notice that terminates the tenancy mid-month for a month-to-month tenancy may not support an eviction until the end of the next rental period. South Carolina courts vary on how strictly this is enforced, but the safer practice is to align termination with the end of a rental period.
Not retaining a copy of the notice and proof of service
The notice and proof of service are the landlord’s primary evidence in any later eviction proceeding. Failing to retain copies leaves the landlord without the foundation to prove proper notice was given. Maintain the notice, proof of service, and any related communications in the property file.
Tenant remedies for defective notice
A South Carolina tenant who receives a defective non-renewal notice — wrong period, improper service, missing required information, or retaliatory or discriminatory motive — has multiple potential remedies. Understanding these helps landlords appreciate why getting the notice right matters.
Affirmative defense in eviction proceedings
The most common scenario: the landlord serves a defective notice, the tenant does not vacate by the termination date, the landlord files an eviction action, and the tenant raises the defective notice as an affirmative defense. If the defense succeeds, the action is dismissed and the landlord must serve a corrected notice and start over. The tenant typically remains in possession during the do-over and may be entitled to attorney’s fees if the lease has a fees clause.
Anti-retaliation damages
If the non-renewal was retaliatory under S.C. Code § 27-40-910 (issued in response to protected tenant conduct, such as habitability complaints, code-enforcement contacts, or tenant-union activity), the tenant can recover actual damages, attorney’s fees, and statutory penalties. The presumption of retaliation that attaches to a non-renewal following protected conduct shifts the burden to the landlord to prove a non-retaliatory reason.
Fair housing claims — federal FHA and South Carolina fair housing law
A non-renewal that targets a tenant based on a protected class violates state and federal fair housing law independent of any notice-period issue. Remedies include actual damages, statutory penalties, attorney’s fees, and injunctive relief. HUD accepts complaints; private actions are also available.
Constructive eviction and quiet-enjoyment claims
A non-renewal that is part of a pattern of harassment — repeated baseless notices, threats, illegal entry, utility shutoffs — supports a constructive-eviction claim and a breach of the implied covenant of quiet enjoyment. These claims provide damages independent of the notice itself and can be raised in any eviction action or in a separate civil action.
Bottom line for landlords: the cost of getting a non-renewal notice right is small; the cost of getting it wrong can be substantial. A defective notice typically delays recovery of possession by several months (during the redo plus any eviction proceeding), exposes the landlord to attorney’s fees, and may trigger fair-housing or retaliation claims if the defects suggest bad faith. The form on this page handles the mechanics; the analysis above is the legal context.
Related Resources
- South carolina lease termination laws
- South carolina eviction notice laws
- South carolina breaking lease laws
- South carolina landlord tenant laws
- South carolina habitability laws
- Lease termination laws by state
Get the full South Carolina landlord-tenant picture
Notice of Non-Renewal is one of the highest-stakes routine documents in South Carolina landlord-tenant practice. Our South Carolina habitability law guide and tenant-rights guide cover the broader framework — implied warranty of habitability, repair-and-deduct remedies, retaliation protections, and the operational rhythm of South Carolina residential tenancy.
Read SC habitability lawsSouth Carolina statute reference table
| Statute | Subject | Key requirement |
|---|---|---|
| S.C. Code § 27-40-770 | Termination notice for periodic tenancies | 30 days month-to-month (subsection (b)); 7 days week-to-week (subsection (a)) |
| S.C. Code § 27-40-240 | How notice is given and received | Delivery in hand, or registered or certified mail to the address the tenant holds out (failing that, the last known residence); proof of mailing is notice without proof of receipt |
| S.C. Code § 27-40-910 | Anti-retaliation | Prohibits non-renewal in retaliation for protected tenant conduct |
| 42 U.S.C. § 3601 et seq. | Fair Housing Act — federal | Federal-level fair housing protections; HUD enforcement |
South Carolina statute citations are to the official code as referenced. Local ordinances may layer additional requirements on top of state law and should be consulted independently.
Frequently asked questions
How much notice do I have to give to non-renew a South Carolina tenancy?
Do I need to give a reason for non-renewing the tenancy?
How do I serve the notice?
What happens if my fixed-term lease expires?
Can a tenant waive the notice period in advance?
What if the tenant has been a long-term resident?
What happens if my notice is defective?
Can I issue a non-renewal in retaliation for a tenant complaint?
Does a non-renewal need to be in writing?
What if my lease specifies a different notice period?
When to consult an attorney
Most South Carolina non-renewals are routine and never need an attorney. If the tenant has raised retaliation or fair-housing claims, the property is in a city with a local just-cause ordinance, the tenancy involves long-term occupants or complicated lease history, or you suspect the tenant may contest the notice, consult a South Carolina landlord-tenant attorney before serving. A clean § 27-40-770 procedure with documented service and contemporaneous file records is the foundation of a defensible non-renewal; an attorney’s review at the right moment is far cheaper than defending a defective notice in eviction proceedings.
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Sources cited on this page
- S.C. Code Ann. tit. 27, ch. 40 (27-40-10 et seq.) (the residential landlord-tenant act)
- S.C. Code Ann. §27-40-770 (termination of a periodic tenancy)
- S.C. Code Ann. §27-40-910 (retaliation)
- 42 U.S.C. § 3601 et seq. (federal Fair Housing Act)
- 50 U.S.C. § 3901 et seq. (Servicemembers Civil Relief Act)
This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. South Carolina landlord-tenant law has technical requirements that can change with legislation and case law. S.C. Code § 27-40-770 and related provisions vary in interpretation by jurisdiction and over time. Specific situations — long-term tenancies, fixed-term leases with renewal-notice clauses, retaliation and fair-housing defenses, local ordinance overlays — depend on facts that this general guidance cannot fully address. Always verify current requirements with the South Carolina statute book, applicable local ordinances, or a qualified South Carolina landlord-tenant attorney before relying on this notice in any contested or sensitive situation. Review SC eviction notice laws.
