The South Carolina Eviction Process
Every step, every statute, every timeline: S.C. Code § 27-40 (Residential Landlord and Tenant Act)
Every step, every statute, every timeline: S.C. Code § 27-40 (Residential Landlord and Tenant Act)
Evicting a tenant in South Carolina follows specific legal procedures. Understanding these steps is critical for landlords to avoid costly delays and legal complications. The South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40) governs most residential evictions in the state. This statute outlines the rights and responsibilities of both landlords and tenants, establishing the framework for all lawful eviction actions.
South Carolina's posture on eviction is generally landlord-friendly compared to some other states, but strict adherence to the law remains non-negotiable. There is no statewide "just cause" eviction requirement. This means a landlord can typically terminate a month-to-month tenancy without providing a specific reason, provided proper notice is given. However, even without just cause, the legal process for regaining possession of your property must be followed precisely. Self-help evictions, such as changing locks, removing tenant property, or shutting off utilities, are illegal and carry significant penalties under S.C. Code § 27-40-660, including actual damages, attorneys' fees, and punitive damages. Don't attempt to force a tenant out; do follow the court process.
The primary regulator of the eviction process is the South Carolina judicial system, specifically the Magistrate's Court. These courts handle most landlord-tenant disputes, including actions for ejectment. While there isn't a single overarching state agency directly overseeing every eviction case, the courts enforce the provisions of the Residential Landlord and Tenant Act. Local law enforcement, typically the county sheriff's office, executes court-ordered ejectments. Familiarity with your local Magistrate's Court procedures is essential, as some local rules or practices may supplement the statewide statutes.
For landlords managing a small portfolio of 1-20 units, the eviction process in South Carolina can seem daunting, but it is manageable with careful attention to detail. The core principle is notice, filing, hearing, and execution. Missing a step or providing incorrect notice will likely result in your case being dismissed, forcing you to restart the entire process and incur additional costs. A common landlord mistake is failing to serve the eviction notice correctly or not waiting the full statutory period before filing in court. For example, if a tenant fails to pay rent, you must issue a 5-day notice to quit. Filing for ejectment on day 4, even if the tenant has clearly indicated they won't pay, will get your case dismissed. Wait the full 5 days.
South Carolina does not impose a statutory cap on security deposits, giving landlords flexibility in setting deposit amounts. However, landlords must return security deposits within 30 days of lease termination or tenant vacating, whichever is later, or provide an itemized list of deductions. Failure to do so can result in the tenant recovering triple the amount wrongfully withheld, plus attorneys' fees.
Understanding the specific notice periods is non-negotiable. For non-payment of rent, South Carolina requires a 5-day notice. This means the tenant has five days after receiving the notice to pay the overdue rent or vacate the premises. If they do neither, the landlord can then proceed with filing an action for ejectment in Magistrate's Court. For month-to-month tenancies, a 30-day notice is required to terminate the tenancy without cause. This notice must be in writing and delivered to the tenant. The effective termination date must be at least 30 days after the notice is given. These specific day counts are not suggestions; they are legal requirements.
The cost of filing an ejectment action in Magistrate's Court is relatively low, often around $80. However, this figure does not include the cost of certified mail for service, sheriff's fees for execution, or potential attorney's fees if you choose to hire legal counsel. These additional costs can quickly add up, making a proper initial filing and efficient process crucial.
As of recent legislative sessions, South Carolina has seen discussions around various landlord-tenant issues, though significant overhauls to the core eviction statute (S.C. Code § 27-40) have been limited. One area that has garnered attention, though not yet resulting in widespread statutory change, involves the clarity and enforcement of habitability standards and the process for handling abandoned property. While no major amendments to the core eviction timelines or notice periods have been enacted statewide, local municipalities occasionally explore ordinances related to source of income discrimination or stricter definitions of "unfit for human habitation." Landlords should remain aware of local developments, as these can sometimes add layers to the state's baseline requirements. For instance, discussions around increasing tenant protections or refining the definition of "constructive eviction" periodically surface, indicating an ongoing legislative interest in balancing landlord and tenant rights, even if no major bills have passed into law in the 2024-2026 timeframe that would drastically alter the eviction process itself.
This guide will walk you through each step of the South Carolina eviction process, from proper notice to court proceedings and finally, execution of the ejectment order. Strict adherence to these steps will protect your interests and ensure compliance with state law.
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Non-payment of rent | 5 days | S.C. Code § 27-40 (Residential Landlord and Tenant Act) | 5-day demand for rent or possession. |
| Lease violation / cure | 14 days | S.C. Code § 27-40 (Residential Landlord and Tenant Act) | 14-day notice to cure the violation or quit, where the violation is curable. |
| End of term / no-cause | 30 days | S.C. Code § 27-40 (Residential Landlord and Tenant Act) | 30-day notice is typical at the end of a month-to-month tenancy unless the lease provides a longer period. |
Landlord must deliver a written 5-day notice demanding rent or possession. Service must comply with South Carolina statute.
If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.
The court issues a summons; a process server or sheriff must personally serve the tenant. Service rules vary by county.
Tenant typically has a short window to file a written answer. If no answer is filed, landlord may obtain default judgment. Contested cases are set for a trial date.
Upon judgment for the landlord, the court issues a writ of possession. The sheriff or constable posts and then executes the lockout; only law enforcement may physically remove the tenant.
This section provides critical South Carolina-specific details for landlords initiating evictions. The controlling statute is the South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40). Familiarize yourself with this statute. It governs most residential landlord-tenant relationships in the state. Local magistrates' offices are your primary point of contact for filing. Procedures can vary slightly between counties, so always confirm local rules.
Non-Payment of Rent: The 5-Day Notice
For non-payment of rent, South Carolina mandates a 5-day written notice. This notice must clearly state the amount of rent due and that the lease will terminate if payment is not received within five days. Crucially, the five days exclude weekends and legal holidays. If the fifth day falls on a Saturday, Sunday, or holiday, the tenant has until the end of the next business day to pay. This is a common trap. Don't count calendar days blindly. Count business days. The notice must be delivered effectively. Certified mail, hand-delivery with a witness, or posting on the property with follow-up mail are common methods. Keep proof of delivery.
If the tenant pays within the 5-day window, the eviction process for non-payment stops. If they pay after the 5-day window but before you file with the court, you have discretion. Accepting partial payment can complicate matters. If you accept a partial payment after the 5-day notice expires but before filing, you may waive your right to evict based on that specific non-payment unless you have a written agreement stating otherwise. It's often safer to decline partial payments once the notice period has run, or to enter into a clear written payment plan.
Lease Violations and No-Cause Terminations
For material non-compliance with the lease (other than non-payment), you generally must provide a 14-day written notice to cure the breach. If the tenant does not remedy the breach within 14 days, the lease terminates. Repeat violations within six months can allow for a 14-day unconditional notice of termination, meaning no opportunity to cure the second time.
South Carolina does NOT have statewide just-cause eviction requirements. For month-to-month tenancies, you can terminate without cause by providing a 30-day written notice. This notice must be given at least 30 days prior to the periodic rental date. For example, if rent is due on the 1st, and you give notice on May 15th, the earliest termination date is July 1st. You cannot terminate a fixed-term lease without cause unless the lease agreement itself provides for such a provision, or there's a material breach by the tenant.
Security Deposits
There is no statutory cap on security deposits in South Carolina. However, keep deposits reasonable. Excessive deposits can deter good tenants. You must return the security deposit, or provide an itemized list of deductions, within 30 days after the tenancy terminates and possession is delivered. Failure to do so can result in the tenant recovering property and money in an amount equal to three times the amount wrongfully withheld, plus attorney's fees. Document move-in and move-out conditions meticulously with photos or videos. This is your best defense against deposit disputes.
The Eviction Filing Process: Rule to Vacate
After proper notice periods expire, you file an "Application for Ejectment" (also known as a "Rule to Vacate") at the magistrate's court in the county where the property is located. The filing fee is typically around $80-$100, though this can vary slightly by county. You will need a copy of the lease, the notice(s) you served, and documentation of any unpaid rent or lease violations. The court will issue a "Rule to Vacate or Show Cause," which is then served on the tenant by a sheriff's deputy or process server. This rule orders the tenant to appear in court on a specific date to explain why they should not be evicted.
A common landlord mistake: attempting to serve the Rule to Vacate yourself. Don't do this. Do ensure the Rule to Vacate is properly served by the sheriff's department or a certified process server. Improper service will cause delays and could lead to your case being dismissed.
The Hearing and Writ of Ejectment
At the hearing, both parties present their case to the magistrate. Bring all documentation: lease, payment ledgers, notices, photos, and any witnesses. If the magistrate rules in your favor, they will issue a "Writ of Ejectment." This is the order that allows the sheriff to physically remove the tenant and their belongings. The tenant typically has 24 hours to vacate after the Writ is posted by the sheriff. The sheriff's office will schedule the lockout. You cannot physically remove the tenant yourself. Self-help evictions are illegal and carry severe penalties under S.C. Code § 27-40-120. This includes changing locks, turning off utilities, or removing tenant property.
Recent Legislative Considerations
As of recent legislative sessions (2024-2026), there has been ongoing discussion in South Carolina regarding landlord-tenant law, particularly concerning notice periods and tenant protections. While no major sweeping changes to the core eviction timeline (like the 5-day non-payment notice) have been enacted, landlords should stay apprised of potential future amendments. Bills sometimes propose longer cure periods for certain violations or stricter rules around lease non-renewals. Always check the current legislative status of S.C. Code § 27-40 or consult with a local attorney for the most up-to-date information.
County-Specific Variations and Best Practices
While S.C. Code § 27-40 provides the statewide framework, specific magistrate courts in counties like Charleston, Richland, or Greenville might have slightly different administrative procedures or preferences for how documents are formatted. Always call the clerk of court in the relevant county magistrate's office before filing your first case to confirm their specific requirements. For instance, some courts prefer original signatures on all documents, while others accept copies. Keep meticulous records of all communications, payments, and notices. When in doubt, err on the side of over-documenting. Clear communication, even when delivering bad news, can sometimes prevent escalated disputes.
Under S.C. Code § 27-37-20, the Rule to Vacate or Show Cause is the central procedural instrument in South Carolina residential ejectment. Upon the landlord's application, the magistrate issues a written rule requiring the tenant to vacate or to show cause why they should not be ejected within 10 days after service. If the tenant does not respond within 10 days, § 27-37-40 directs the magistrate to issue a warrant of ejectment and the tenant is removed by the constable or sheriff.
Uncontested: 20 to 40 days from notice service to lockout. Contested: 40 to 75 days. The 5-day pay-or-quit notice runs first (or the applicable longer notice for lease violations); the Rule to Vacate is then issued and served; the tenant has 10 days to respond; if uncontested, the magistrate issues the warrant of ejectment; the constable executes the lockout 5 to 14 days after warrant. South Carolina is among the faster eviction states nationally.
$40 to $80 depending on county for the application for ejectment in Magistrate Court. Charleston, Columbia, Greenville, Greenville-Spartanburg, Beaufort, and other county magistrate courts each set their own fees within this range. Sheriff or constable service: $25 to $50 per defendant. Warrant execution: $25 to $50. Total South Carolina court costs in an uncontested case rarely exceed $150.
5 days, with cure right. Under S.C. Code § 27-40-710, a landlord serves a 5-day pay-or-quit notice for nonpayment. The tenant has 5 days from service to pay the rent due; if paid, the tenancy continues. If unpaid, the landlord may apply for the Rule to Vacate after the 5 days expire. Lease violations: 14-day notice with cure right under § 27-40-710. Health-and-safety violations: non-curable termination under § 27-40-720. End-of-term month-to-month: 30 days notice, no cause required.
Common defenses in magistrate court ejectment. Habitability counterclaim under § 27-40-440 (landlord failed to maintain fit and habitable conditions). Retaliation under § 27-40-910 (landlord retaliated within a reasonable time after protected activity). Deposit-handling defects as offset against any back-rent claim. Procedural defects in the Rule to Vacate or service. Magistrate courts are pro-se friendly and the rules of evidence are relaxed; defenses are evaluated on the documentary record and witness testimony at the hearing.
Informational only, not legal advice. Consult a licensed South Carolina attorney. Source attribution in the Sources band below.