South Carolina Property Managers: When do I send Notice to Cure? vs. When do I send a Notice to Terminate?

By: Morgan Dunn – North Carolina, South Carolina Licensed Attorney with Brownlee Whitlow & Praet, PLLC

When to send a lease termination letter vs. a notice to cure in South Carolina depends on a variety of factors. The primary question to ask yourself when considering the two is whether the resident’s breach can be cured.

When a resident violates a provision in their lease, how you handle it matters. If you send a termination letter instead of a notice to cure and the resident does not vacate, your eviction could be at risk. But if you send a notice to cure when termination is warranted, you may put your community at risk. We are here to help you understand the factors involved when choosing between the two.

• 14-Day Notice to Cure: A notice to cure is appropriate when the resident violates a curable provision of the lease agreement. The South Carolina Residential Landlord and Tenant Act (SC Code § 27-40-710(A)) provides that when a resident violates a lease term other than nonpayment or something that materially affects the health and safety or physical condition of the property, the landlord may deliver a written notice to the resident specifically describing the violation and stating that the lease will terminate in 14 days unless the violation is remedied. The most common lease violations where we recommend sending a notice to cure letter are for unauthorized occupants, unauthorized animals, smoking in unauthorized areas, overflowing bathtub, aggressive behavior and/or cursing in the leasing office. If a resident does not cure the violation within 14 days, you can send a notice of termination stating that the lease is terminated and instructing the resident to vacate. If the resident does not vacate, you may file for eviction based on the resident’s breach of the lease. It is important to note that, just like when landlords cure, SC Code § 27-40-710(A)(1) allows the resident more time if the remedy cannot be completed within 14 days— so long as the remedy is commenced during the 14 days and is pursued in good faith to completion within a reasonable time by the resident. Further, it should be noted that if the resident addresses the violation within the 14 days but thereafter commits the same violation, you may then send a notice of termination.
• Notice of Termination: A notice of termination is most appropriate when the resident violates a provision of the lease agreement that is not curable. The South Carolina Residential Landlord and Tenant Act (SC Code § 27-40-710(B)) provides that if the resident is in violation of § 27-40-540, the landlord may terminate the rental agreement so long as the landlord gives the resident written notice of his intention to terminate. Under SC Code § 27-40-540, the resident shall not conduct or permit any illegal activities in their unit. The most common lease violations where we recommend sending a notice of termination (without first sending a notice to cure) include most criminal conduct (drug possession, assault, etc.) and discharge of a firearm. We recommend that you give the resident a reasonable time to vacate the unit, typically between 7 and 14 days, unless the circumstances warrant a shorter notice. If they do not vacate the premises by the time specified in the letter, you may file for eviction.

It is important to note that there are a few valid reasons for early termination of a lease in South Carolina. If a resident wishes to terminate a lease before the end of the lease term due to military relocation or deployment for more than 90 days on short notice, South Carolina law provides that the lease may be terminated without penalty. South Carolina State House may soon pass a bill treating victims of domestic violence similarly. These circumstances should not be treated as a lease violation.

The good news is that the same section of the South Carolina Residential Landlord and Tenant Act (SC Code § 27-40-710 (C)) provides that, if a resident’s violation of the lease is willful, you may be able to recover reasonable attorney’s fees related to the resident’s violation.

You can review the South Carolina Residential Landlord and Tenant Act here: https://www.scstatehouse.gov/code/t27c040.php.

If you have a resident who is in violation of their lease and you would like to discuss your options, reach out to us today.

*The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information in this article is for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. Viewers of this material should contact their attorney to obtain advice with respect to any particular legal matter. No viewer of this material should act or refrain from acting on the basis of information in this presentation without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this article does not create an attorney-client relationship between the reader and Brownlee Whitlow & Praet, PLLC or any contributing law firms. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.