Filing fees, sheriff costs, attorney fees, and lost rent, under S.C. Code § 27-40 (Residential Landlord and Tenant Act)
A South Carolina eviction typically runs $1,136-$3,302 uncontested and $2,637-$9,639 contested, under S.C. Code § 27-40 (Residential Landlord and Tenant Act). Lost rent is almost always the largest line item.
Eviction in South Carolina carries distinct costs. Not just legal fees, but time. Opportunity cost. For landlords with 1-20 units, understanding these specifics is critical. This guide breaks down the financial and practical realities of removing a tenant in South Carolina. It's an overview, designed to give you the bottom line before you initiate proceedings.
South Carolina's approach to landlord-tenant law is codified primarily under the S.C. Code § 27-40 (Residential Landlord and Tenant Act). This statute governs most residential tenancies and dictates the procedures you must follow. Unlike some states, South Carolina does not have statewide "just-cause" eviction requirements. This means, for month-to-month tenancies, a landlord can terminate without cause, provided proper notice is given. This is a significant difference from states with more tenant-protective legislation.
The practical bottom line for a small landlord: expect to spend money. And time. The average cost for an uncontested eviction, from filing to writ of ejectment, often starts around $1,000 to $2,500 in attorney fees, plus court costs. This figure can escalate quickly if the tenant contests the eviction, requires multiple court appearances, or if a jury trial is requested. A contested eviction could easily double or triple that initial estimate.
Your primary points of contact for eviction proceedings will be the local Magistrate's Court. These courts handle civil cases where the amount in controversy does not exceed $7,500, which includes most eviction actions. The Clerk of Court in your specific county handles filings, scheduling, and record-keeping. While state law provides the framework, local court procedures and individual magistrates can influence the speed and specifics of your case. There is no overarching state housing authority that directly regulates individual eviction cases; enforcement falls to the judicial system.
South Carolina is generally considered a landlord-friendly state, especially compared to its northern counterparts. The absence of statewide just-cause eviction is a prime example. This means you can terminate a month-to-month lease with a 30-day no-cause notice. For non-payment of rent, the notice period is shorter: a 5-day non-payment notice. This short notice period for non-payment is a significant advantage for landlords, allowing for quicker initiation of legal action. However, this landlord-friendliness does not equate to a free pass. You must still adhere strictly to statutory requirements.
One common landlord mistake: attempting self-help eviction. Don't change the locks, turn off utilities, or remove a tenant's belongings. Do file the proper paperwork. Any attempt at self-help will likely result in a counterclaim from the tenant, potential monetary damages against you, and a significant delay in regaining possession of your property. It's illegal and expensive.
Another distinguishing factor is the lack of a statutory security deposit cap. While many states limit security deposits to one or two months' rent, South Carolina has no such restriction. This gives landlords flexibility, but it also places the burden on you to manage these funds correctly according to S.C. Code § 27-40-410, including providing an itemized list of deductions within 30 days of lease termination or tenant vacating.
Once your notice period expires (e.g., 5 days for non-payment), you'll file an application for ejectment with the Magistrate's Court. This involves a filing fee, typically under $100. The court then issues a summons and rule to show cause, which must be properly served on the tenant. Service usually costs an additional $20-$50 if done by a private process server or sheriff. The tenant then has a period (often around 10 days) to respond. If they don't, you may be granted a default judgment. If they do, a hearing is scheduled.
From filing to a court order for ejectment, an uncontested case can take anywhere from 2-4 weeks. A contested case, involving multiple hearings or continuances, could easily extend to 6-8 weeks or longer. This does not include the time it takes for the sheriff to actually execute the writ of ejectment, which can add another week or two, depending on local backlogs.
As of recent legislative sessions, there has been ongoing discussion in South Carolina regarding various aspects of landlord-tenant law, though no monumental shifts akin to statewide just-cause have been enacted. Much of the legislative focus often revolves around minor amendments to existing statutes, clarifying language, or addressing specific procedural issues rather than wholesale overhauls. For instance, discussions periodically arise concerning the timing of security deposit returns or the specifics of service of process, often in response to court interpretations or landlord/tenant advocacy group input. Landlords should monitor legislative updates from sources like the South Carolina Legislature's website, as even minor changes can impact procedural requirements or notice periods, potentially invalidating an eviction if not followed precisely.
In summary, South Carolina offers a relatively streamlined eviction process for landlords, particularly due to its shorter notice periods and absence of statewide just-cause requirements. However, this efficiency is contingent on strict adherence to the law. Expect costs, both direct and indirect, and understand that bypassing legal process for speed will almost always backfire. Your best strategy is always correct notice, proper filing, and, when in doubt, legal counsel.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75-$200 | $150-$350 |
| Court filing fee | $110-$200 (S.C. Code § 27-40 (Residential Landlord and Tenant Act)) | |
| Process server | $75-$200 | |
| Attorney fees | $500-$2,500 | |
| Sheriff / constable lockout | $25-$100 | |
| Lost rent during process | $701-$1,502 (21-45 days @ $1,002/mo) | $1,502-$3,339 (45-100 days) |
| Cleaning, repairs, re-leasing | $800-$2,200 | $1,100-$5,200 |
| Total scenario | $1,136-$3,302 | $2,637-$9,639 |
South Carolina eviction costs carry specific local considerations. Your process will be governed primarily by the S.C. Code § 27-40 (Residential Landlord and Tenant Act). Understanding its nuances is crucial to avoiding unnecessary expenses and delays.
The state does not have statewide "just-cause" eviction requirements. This simplifies things for landlords seeking to terminate a tenancy without cause, provided proper notice is given. For a no-cause termination, you must provide a 30-day notice. However, the lack of just-cause statewide does not mean you can ignore other statutory requirements or lease terms. Improper notice, even for a no-cause termination, will invalidate your filing and force a restart.
For non-payment of rent, the required notice period is 5 days. This is a strict statutory requirement. The notice must clearly state the amount due and that the tenancy will terminate if not paid within five days. Failure to include this language, or providing a shorter notice period, will lead to dismissal of your eviction action. Do not accept partial payments after issuing a 5-day notice unless you intend to waive your right to proceed with the eviction for that specific notice. Accepting partial payment can be interpreted as re-establishing the tenancy, requiring a new notice period if the tenant defaults again.
A common trap for South Carolina landlords involves the Summons and Complaint for Ejectment. This is the document initiating the legal process after your notice period expires. Filing fees vary by county but expect around $85 to $100 for the initial filing in Magistrate's Court. Service of process is another critical cost and point of failure. You cannot serve the Summons yourself. It must be served by a sheriff, deputy, or a private process server. Sheriff's fees for service typically range from $15 to $30 per attempt, but if the tenant is difficult to locate, these costs can escalate quickly with multiple attempts or private process server fees which can be higher.
One concrete example of a common landlord mistake: A landlord issues a 5-day notice for non-payment. On day 4, the tenant pays half the rent. The landlord accepts it, thinking they can still evict for the remaining balance. This often isn't the case. By accepting partial payment, especially without a clear, written agreement stating it does not waive the right to evict for the remaining balance, the landlord has likely reset the clock or even re-established the tenancy for that period. The correct action, if you want to proceed with eviction for the full amount, is to refuse partial payment or have a very clear, signed agreement that it's accepted without waiving the existing 5-day notice. Otherwise, you'll need to issue a new 5-day notice for the remaining balance if the tenant fails to pay again.
Security deposits in South Carolina have no statutory cap. This means you can charge what the market allows. However, the statute does dictate how deposits must be handled upon termination of tenancy. You must return the deposit, or provide an itemized list of deductions, within 30 days of the tenant vacating or the tenancy terminating, whichever is later. Failure to do so can result in the tenant recovering triple the amount wrongfully withheld, plus attorney's fees. Keep meticulous records of property condition before and after tenancy. Photos and move-in/move-out checklists are your best defense.
Eviction hearings are typically held in Magistrate's Court. If the tenant fails to appear, you will likely receive a default judgment. If they appear, you will need to present your case. This includes your lease agreement, the 5-day or 30-day notice, proof of service of the notice, and a ledger of payments or other evidence of lease violations. If you win, the court will issue an Order of Ejectment. The tenant typically has a short period, often 24 hours, to vacate after the order is posted by the sheriff. If they do not, you will need to schedule a physical lockout with the sheriff, incurring additional fees for their presence. This is where costs can really add up, especially if you need to hire movers or storage for tenant property.
As of recent legislative sessions (2024-2026), there has been ongoing discussion regarding the scope of landlord-tenant law, particularly concerning notice periods for non-renewal of leases and potential expansions of tenant rights in specific circumstances. While no sweeping changes to the core eviction process under S.C. Code § 27-40 have been enacted, landlords should stay informed about legislative developments. These discussions often involve tenant advocates pushing for longer notice periods for non-renewals or "just-cause" provisions for certain lease terminations. While not yet law, awareness of these ongoing legislative efforts is prudent for long-term planning.
Don't do anything without clear documentation. Do maintain a paper trail for every interaction, every notice, every payment, and every repair request. This documentation is your primary evidence in court. Without it, even a clear-cut case can become complicated and costly. Avoid verbal agreements for anything substantial; get it in writing and signed by both parties.
Finally, remember that while the Magistrate's Court process is designed to be accessible without an attorney, complex cases, or those involving substantial damages, often benefit from legal counsel. The cost of an attorney up front can often save you significant expense and time in the long run by ensuring compliance with all procedural requirements and effective presentation of your case.
Every dollar spent on tenant screening saves roughly $15-$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a South Carolina landlord can make.
See our tenant screening guide for South Carolina for the 5-point protocol used by NextGen Properties.
$3,500 to $8,500 all-in on a typical $1,200 South Carolina unit. Direct legal $200 to $700. Lost rent during the 20 to 40-day case $700 to $1,800. Turn $1,500 to $3,500. Vacancy $900 to $2,000. Marketing $200 to $500. Charleston runs higher due to market premium; rural counties run lower. South Carolina is among the cheapest and fastest eviction states in the country.
$40 to $80 depending on county. Charleston County: $60 to $75. Richland (Columbia): $55 to $70. Greenville County: $50 to $80. Spartanburg: $50 to $70. Beaufort: $60 to $80. Sheriff or constable service of Rule to Vacate: $25 to $50. Warrant of ejectment execution: $25 to $50. Total South Carolina court costs in an uncontested case typically run $100 to $200.
Uncontested: 20 to 40 days from notice service to lockout. Contested: 40 to 75 days. The 5-day pay-or-quit notice runs first; the Rule to Vacate is issued and served (10-day response window for the tenant); if uncontested, the magistrate issues the warrant of ejectment; the constable executes 5 to 14 days later. South Carolina is among the faster eviction states nationally.
Under S.C. Code § 27-40-660, a landlord who unlawfully excludes the tenant, terminates utilities, or removes tenant property without court order exposes themselves to actual damages plus three months rent in statutory damages or twice the actual damages, whichever is greater, plus reasonable attorney fees. The three-months-rent statutory damages provision produces real exposure: on a $1,500 Charleston unit, that is $4,500 in statutory damages alone.
Tight math. Charleston, Columbia, and Greenville cash-for-keys offers typically run $500 to $1,500 plus return of deposit. Compare to $3,500 to $8,500 all-in for a South Carolina eviction. The gap favors cash-for-keys for higher-rent units but the South Carolina ejectment process is so cheap and fast that cash-for-keys below $500-700 is often not competitive. For units under $900/month, the direct legal cost is low enough that running the ejectment is typically cheaper than cash-for-keys.
Informational only, not legal advice. Consult a licensed South Carolina attorney. Source attribution in the Sources band below.
