Quick Answer
Under S.C. Code Ann. § 27-40-770, either party ends a month-to-month tenancy with written notice given at least 30 days before the termination date. A week-to-week tenancy ends with written notice at least seven days before the termination date. If a tenant stays after the term without consent, you may sue for possession. Statute text last checked October 22, 2026.
Key Takeaways
- Thirty days for month-to-month. The notice is in writing.
- Seven days for week-to-week.
- It works both ways. The same notice period applies to a tenant who is leaving.
- A holdover goes to court. You sue for possession and do not remove the tenant yourself.
- Wilful holdover. The statute allows recovery of up to three months’ periodic rent or twice actual damages, whichever is greater, plus attorney’s fees.
1. Identify the Tenancy
A periodic tenancy runs from period to period, with no fixed end date. Check the lease. If a fixed term ended and the tenant stayed and kept paying monthly, look at how rent has been paid and recorded.
2. Writing the Notice
State the address, the date the notice is given, and the termination date, which is at least 30 days later for a month-to-month tenancy. Keep a copy and record how and when you delivered it. Writing the end date into the notice removes the need to count days later.
3. If the Tenant Stays
A tenant who remains after the termination date is a holdover. You may sue for possession. The wilful holdover remedy in the statute applies where the facts fit it, so keep the notice, the delivery record, and any later communications together.
4. Do Not Self-Help
Section 27-40-760 limits recovery of possession “or otherwise,” including willful interruption of essential services. Wait for the court’s order.
5. A Checklist
- Confirm the tenancy is periodic.
- Choose 30 days (monthly) or seven days (weekly).
- Write the notice with the termination date.
- Deliver it, keep a copy and record the date.
- If the tenant stays, file for possession.
Planning the Last 30 Days
Once the notice is given, use the 30 days well. Schedule a walkthrough inspection, confirm the forwarding address in writing, and tell the tenant when keys are due back. Compare the move-in record with the move-out condition and start the deposit file, because the 30-day deposit clock in § 27-40-410 begins when the tenancy ends and possession is delivered.
If you are the one ending the tenancy, say plainly in the notice that it is a notice of termination of a month-to-month tenancy and give the exact date. If you intend to offer a new lease instead, send that as a separate document so the two are not confused.
Rent Increases and Changing Terms
A change in terms for a month-to-month tenant is a separate question from ending the tenancy. Put any change in writing, give the tenant a full rent period of notice as a matter of good practice, and keep a copy. The statute governs the ending of the tenancy, so check your lease and the act for the rules on changes.
Delivery Records
A notice is only as useful as the proof of when it was given. Hand delivery with a signed acknowledgment, or mailing with a receipt, gives you a date you can show. Save a photo of the notice, the envelope if mailed, and a short note of who delivered it and when.
What This Guide Does Not Cover
This guide covers the notice periods in § 27-40-770. It does not cover fixed-term lease endings, nonpayment, or the rule to vacate procedure. It states the statute and does not predict how a court will rule.
7. Questions Owners Ask
Can I give less than 30 days if the tenant agrees? Agree in writing and keep the signed document. The statute sets 30 days as the notice period.
Does the tenant need to give me 30 days too? Yes. The periodic tenancy rule applies to either party.
Is a text message enough? The statute calls for written notice. Use a delivery method you can document.