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Ending a month-to-month tenancy in South Carolina: 30 days, in writing

South Carolina lets a landlord or a tenant end a month-to-month tenancy with written notice given at least 30 days before the termination date named in the notice. The rule is section 27-40-770(b) of the Residential Landlord and Tenant Act. The statute does not ask for a reason and does not tie the end date to the day rent is due, but it does say how a notice reaches a tenant, and a tenant who stays after the date can be taken to court.

How much notice does South Carolina require?

Section 27-40-770 covers periodic tenancies. Subsection (a) lets either side end a week-to-week tenancy by written notice given at least seven days before the termination date in the notice. Subsection (b) does the same for a month-to-month tenancy with at least thirty days. The same 30 days applies to a landlord and to a tenant, and the statute says nothing about a reason, so a landlord does not have to prove a breach to end a plain month-to-month tenancy.

The statute counts 30 days back from the termination date you write in the notice. It does not say the date must fall on the last day of a rental month, and it does not say the date must be the day rent is due. That means you can name any date that is at least 30 days after the notice is given. If you want a clean cutoff, pick the last day of a month anyway, because rent is normally paid in monthly installments and a month-end date avoids a partial month.

A tenancy is month to month by default. Section 27-40-310(d) says that unless the rental agreement fixes a definite term, the tenancy is month to month, or week to week for a roomer who pays weekly. So this notice is for a tenant with no fixed term, or one whose fixed term has ended and who stayed with your consent.

How does the notice have to be delivered?

Section 27-40-770 requires written notice. Section 27-40-240(B) explains when a tenant "receives" a notice: when it comes to the tenant's attention, when it is delivered in hand to the tenant, or when it is mailed by registered or certified mail to the place the tenant holds out for receiving communications or, if the tenant gave none, the tenant's last known place of residence. The same subsection says proof of mailing constitutes notice without proof of receipt.

In practice that gives you two clean methods. Hand the tenant a signed copy and keep a note of the date and time, or mail one by certified mail to the unit and keep the receipt. A text message or a phone call is not a written notice. Section 27-40-240(D) also says the time within which an act is to be done is computed under the South Carolina Rules of Civil Procedure, so if a deadline is close, check how that rule counts days before you rely on your own count.

Example a made-up landlord hands a month-to-month tenant a written notice on Friday, November 6, 2026, and names a termination date of Sunday, December 6, 2026. That is 30 days after the day of delivery, so it meets the 30-day minimum. If the landlord instead mails the notice by certified mail the same day, the statute treats proof of mailing as notice, but a careful landlord would still add a few days of cushion and name Wednesday, December 9, 2026, so a counting argument cannot cost them a month.

What should the notice say?

The statute asks for two things: it must be written, and it must name a termination date. Everything else is good record keeping. A useful notice has these parts.

  • The rental address and the names of the tenants on the rental agreement.
  • A plain sentence that the month-to-month tenancy will end, and the exact termination date.
  • The date of the notice, how it was delivered, and your signature.
  • The statute, section 27-40-770(b), so the basis is clear.
  • Where to return keys, and an address for sending the security deposit statement.

If the real issue is unpaid rent or a breach, do not use this notice. Section 27-40-710 has its own paths: for rent still unpaid five days after the due date the landlord may terminate after written notice of nonpayment and the intent to terminate, and for other noncompliance the landlord may give a written notice that the agreement will end on a date not less than fourteen days after receipt unless the breach is remedied. A 30-day notice is for the situation where nothing is wrong and you simply want the unit back.

What if the tenant stays past the date?

Section 27-40-770(c) says that if the tenant remains in possession without the landlord's consent after the term or its termination, the landlord may bring an action for possession. If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. If the holdover is a wilful violation of the chapter or the rental agreement, the landlord may also recover an amount not more than three months of periodic rent or twice the actual damages, whichever is greater, plus reasonable attorney's fees.

The word "consent" matters. If you accept the tenant staying, section 27-40-310(d) applies and the tenancy goes back to month to month. If you do not want that, say so in writing, and do not hand the tenant a new lease or a fresh rent receipt for a future month without thinking through what it signals. You also cannot lock the tenant out or turn off services to speed things up. Section 27-40-660 lets a tenant who is unlawfully removed or excluded, or whose essential services are wilfully cut, recover possession or end the agreement and collect three months of periodic rent or twice the actual damages, whichever is greater, plus reasonable attorney's fees.

  • Naming a date fewer than 30 days after the notice is given.
  • Sending the notice by text or email only, with no written copy delivered or mailed.
  • Serving the 30-day notice in the weeks after the tenant complained about repairs. Section 27-40-910 limits retaliation, so read our post on landlord retaliation in South Carolina first.
  • Keeping the deposit without the statement the deposit rules require. See South Carolina security deposit laws.

Where does DoorKeeping fit?

DoorKeeping stores the lease, the rent ledger, work orders and a copy of every notice you send, so the dates are on file if a court or a tenant asks. You still write, serve and track the notice yourself, and anything with a legal step waits for your one-tap approval. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes what you did.

Sources

  1. South Carolina Code of Laws 27-40-770, Periodic tenancy; holdover remedies; 27-40-310 and 27-40-240 (South Carolina Legislature), read Oct 31, 2026
  2. South Carolina Code of Laws 27-40-710 and 27-40-660, Landlord remedies; tenant remedies for unlawful ouster (South Carolina Legislature), read Oct 31, 2026

Questions

How much notice ends a month-to-month tenancy in South Carolina?
At least 30 days of written notice before the termination date named in the notice, for the landlord or the tenant (27-40-770(b)).
Does a South Carolina landlord need a reason to end a month-to-month tenancy?
Section 27-40-770 does not ask for one. A notice for nonpayment or breach follows section 27-40-710 instead.
Can a landlord text the notice in South Carolina?
The statute requires written notice, and section 27-40-240 says a tenant receives it by hand delivery or certified mail. Use one of those and keep the proof.