What Culbertson v. Andrighetti Means for Tenant Rights in South Carolina
The ruling protects tenants from sudden eviction without proper notice
Culbertson v. Andrighetti is a South Carolina court decision that established tenants' right to receive written notice before an eviction case can be filed. The ruling requires landlords to give tenants a chance to fix lease violations or pay overdue rent before taking legal action. Without this notice period, an eviction lawsuit cannot proceed, even if the tenant is genuinely behind on rent or has broken lease terms.
This case matters because it creates a legal floor for how landlords must treat tenants. It does not eliminate eviction as a remedy for landlords, but it does require them to follow a specific process. Understanding what this ruling requires helps tenants recognize when a landlord may be acting outside the law.
Key Takeaways
- Landlords must provide written notice to tenants before filing an eviction lawsuit, giving tenants time to respond or cure the violation.
- The notice must clearly state what the tenant did wrong—whether it is unpaid rent, lease violation, or other breach—and give a deadline to fix it.
- If a landlord skips the notice step and files eviction papers directly, the case can be dismissed based on this ruling.
- The notice period is separate from the court process; even after notice, eviction can still happen if the tenant does not comply.
What the ruling requires landlords to do
Under Culbertson v. Andrighetti, a landlord must deliver written notice to the tenant before filing an eviction case in court. This notice must identify the specific problem—unpaid rent, a pet violation, noise complaints, or whatever the lease breach is. The notice must also give the tenant a deadline, usually three to five days, to fix the problem or move out.
The notice must be delivered to the tenant personally, left at the rental unit, or sent by certified mail. A text message, email, or note on the door does not meet the legal standard. The landlord must be able to prove later that the tenant actually received the notice.
If the tenant fixes the problem within the deadline—pays the rent, removes the pet, stops the noise—the eviction process stops. The landlord cannot file in court. If the tenant does nothing, then the landlord can proceed to file an eviction lawsuit.
How this protects tenants in court
If your landlord filed an eviction case without sending you proper written notice first, you have a defense. You can tell the court that the landlord skipped a required step. The judge can dismiss the case, sending you back to square one and forcing the landlord to start over with the notice requirement.
This defense works even if you actually owe the rent or did break the lease. The issue is not whether you are guilty; it is whether the landlord followed the law. Courts take procedure seriously because it protects both sides.
To use this defense, you need to raise it early in the case. If you receive an eviction summons, bring it to a legal aid office or tenant rights organization immediately. They can help you file a response that includes this procedural defense.
The difference between notice and eviction
Receiving notice does not mean you are being evicted. It means your landlord is giving you a chance to fix the problem or leave voluntarily. Many tenants who receive proper notice do one or the other, and the eviction never reaches court.
Eviction is a court process that happens only after notice fails. The landlord files a complaint, you receive a summons, and a judge holds a hearing. Only a judge can order you to leave. Your landlord cannot lock you out, remove your belongings, or shut off utilities to force you out—those actions are illegal even if you owe rent.
If you receive notice and cannot fix the problem, contact a legal aid office or tenant rights group right away. They can sometimes negotiate with your landlord, help you understand your options, or prepare you for court.
Common situations where this ruling applies
Culbertson v. Andrighetti applies to most eviction cases in South Carolina, including nonpayment of rent, lease violations, and end-of-lease evictions. If your landlord wants you out for any reason related to your tenancy, they must follow this notice requirement.
The ruling does not apply to situations where a landlord owns a single-family home and lives there, or to some other narrow exceptions. But for the vast majority of rental situations—apartments, duplexes, houses rented by investment companies—the notice requirement is mandatory.
If you receive an eviction notice that does not clearly state what you did wrong or does not give you a reasonable deadline to fix it, that notice may not meet the legal standard. Bring it to a legal aid office to review.
What to do if you receive an eviction notice
Read the notice carefully. It should tell you exactly what lease term you violated or what rent you owe, and it should give you a specific date by which to fix it or move out. If the notice is vague, unclear, or does not give you enough time, document that and keep the notice.
If you can fix the problem—pay the rent, remove the pet, clean up the unit—do it before the deadline and get proof. Take a photo, get a receipt, or ask the landlord to sign a statement that you have cured the violation. Keep this proof in case the landlord files anyway.
If you cannot fix the problem and cannot move out, contact a legal aid office, a tenant rights organization, or a lawyer who handles eviction defense. Many offer free or low-cost help. Do not ignore the notice or assume the eviction will go away.
Where to find legal help in South Carolina
South Carolina has several organizations that help tenants understand their rights and defend against eviction. Legal Aid of South Carolina serves low-income tenants across the state and can review your notice, explain your options, and represent you in court if you may have access to financially.
Local housing authorities and community action agencies also offer tenant counseling and can sometimes mediate between you and your landlord. The South Carolina Tenant Advocacy Center provides information and referrals. If you have been served with an eviction summons, call one of these organizations immediately—the court timeline is short, and waiting makes your defense harder.
Frequently Asked Questions
Can a landlord evict me without giving notice first?
No. Under Culbertson v. Andrighetti, a landlord must provide written notice before filing an eviction case. If they file without notice, you can ask the court to dismiss the case. The landlord must then start over and send proper notice.
What if my landlord gave me notice but I did not receive it?
The landlord must prove you received notice. If they claim they left it at your door but you did not see it, or sent it by mail but you never got it, tell the court. The burden is on the landlord to show proper delivery. If they cannot, the notice may not be valid.
How long do I have to fix the problem after receiving notice?
The notice must give you a reasonable deadline, typically three to five days for nonpayment of rent. For other lease violations, the deadline may vary. The notice itself will state the deadline. If it does not give you enough time to reasonably fix the problem, that may be a defense.
If I pay the rent after receiving notice, can the landlord still evict me?
If you pay the full amount owed before the deadline in the notice, the landlord cannot proceed with eviction for nonpayment. However, if the notice was for a different reason—a lease violation—paying rent does not cure that violation. You must fix the specific problem the notice describes.
What happens if I ignore the notice and the landlord files anyway?
You will receive a court summons. You must respond by the date on the summons or you will lose by default. Bring the notice to a legal aid office or lawyer immediately. You can raise the notice issue in court, but you have to show up and file a response first.