BY MAIL
After the second unsuccessful in person attempt, the clerk at the magistrate court must mail a copy of the Rule, the documentation of the service attempts, and a verification by the clerk that envelope is properly addressed.
Evictions
NSMI Problem Code:
1640300
IN PERSON
To serve the Rule in person, someone, usually a constable from the Magistrate's Court, must make two in person attempts. The Rule can be served either on you or on another occupant living in the dwelling unit, like a child who is at least 16 years old, a spouse, or an adult roommate.
Serving and Responding to the Rule to Vacate
You have ten days from when you are served with the Rule to Vacate or Show Cause to respond to it. IF YOU DO NOT RESPOND TO THE RULE, YOU WILL LOSE THE EVICTION CASE AUTOMATICALLY.
How does an eviction lawsuit start?
An eviction lawsuit begins after the landlord properly terminates your lease. The landlord goes to the local magistrate's court and files what is called an Application for Ejectment. A copy of an Application for Ejectment can be viewed below.
MATERIAL BREACH OF THE LEASE
A landlord might want to end the lease because you did something that breaches the lease, violates your obligations as a tenant under the Residential Landlord Tenant Code, or damages the physical condition of the property. To terminate your lease in these situations, the landlord must give you a written notice telling you what you did wrong and giving you fourteen days to fix or cure the breach first. This is called a 14-day right to cure notice. If you fix, or “cure” in other words, the breach, then the lease continues. If you do not fix or “cure” the breac
END OF LEASE TERM
If the landlord wants to terminate your lease because you are at the end of your lease term, the landlord might or might not have to give you a notice.
NON-PAYMENT OF RENT
If you do not pay rent when rent is due, or within 5 days after the due date, the landlord must give you one written notice that you have not paid rent and that (s)he intends to terminate the rental agreement if the rent is not paid within 5 days of the due date. This is called a "5-day notice."
What does the landlord have to do before filing an eviciton lawsuit?
A landlord must properly terminate your lease before filing for an eviction. The rules for properly terminating a lease are found in the lease itself, in the South Carolina Residential Landlord Tenant Act; and possibly in federal law for dwelling units that receive a financial subsidy from an agency of the federal government.
What are the reasons a tenant can be evicted?
A tenant can only be evicted for three reasons:
What Laws Apply?
- Your lease. You need to be familiar with your lease. Look to your written lease first when figuring out what your legal rights are.
- If you do not have a written lease, you still can be a tenant. South Carolina State law recognizes that leases can be based on verbal agreements.
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