Understanding the South Carolina eviction process and laws helps landlords protect their property and avoid costly mistakes. This guide explains the reasons for eviction, timelines, court procedures, and key landlord-tenant laws across the state.
How South Carolina Law Defines Eviction
An eviction in South Carolina occurs when a landlord files a court case to remove a tenant who fails to pay rent, breaches the lease, or remains after the rental term ends. Landlords must follow exact court procedures to keep the process enforceable.
South Carolina’s eviction rules appear in Title 27, Chapter 37 of the South Carolina Code of Laws, which outlines notice periods, filing steps, and tenant rights throughout the process.
Eviction With Just Cause
“Just cause” in South Carolina means a landlord has an apparent legal reason to evict a tenant, such as unpaid rent, repeated lease violations, or illegal activity on the property.
Landlords across South Carolina can evict tenants only for legitimate reasons. Common grounds include missed rent payments, property damage, ongoing lease breaches, or criminal conduct. Each eviction must comply with proper notice and court procedures to remain valid under state law.
Landlords should document every just cause reason carefully. Keeping records of late payments, violations, and written notices helps strengthen the case if it reaches magistrate court.
Applicable law: S.C. Code § 27-37-10
No-Fault Evictions
South Carolina landlords can end a fixed-term lease upon its expiration without giving a specific reason, provided they do not renew it. When the lease ends, tenants must move out unless both parties agree to enter into a new lease.
For month-to-month renters, landlords must give at least 30 days’ written notice before ending the tenancy. After the notice period expires, tenants who remain in the property may face eviction in magistrate court, whether in Charleston, Columbia, or elsewhere in the state.
Applicable law: S.C. Code § 27-40-770
Grounds for Eviction in South Carolina
Landlords in South Carolina may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
South Carolina landlords can let a fixed-term lease end naturally without giving a specific reason, provided they choose not to renew it. When the lease expires, tenants must move out unless both sides agree to sign a new rental agreement.
For month-to-month tenants, landlords must give at least 30 days’ written notice before ending the tenancy. Once that notice period ends, tenants who remain in the property may face eviction in magistrate court, whether the unit is in Charleston, Columbia, or anywhere else in South Carolina.
Applicable law: S.C. Code § 27-40-770
Lease Violations
A lease agreement sets the ground rules for every rental in South Carolina. When tenants ignore those rules, landlords have the right to initiate an eviction proceeding in the magistrate’s court.
Common examples of lease violations include:
- Unauthorized occupants: A tenant in Greenville lets a cousin move in permanently without consent, breaking the lease’s occupancy terms.
- Property damage: A renter in Columbia drilled through a wall to mount a TV, damaged the wiring, and refused to cover the repair costs.
- Illegal activity: A tenant in Myrtle Beach stores stolen merchandise in the garage, giving the landlord an immediate reason to evict.
A strong lease agreement helps both parties avoid conflict by spelling out responsibilities and penalties up front. Reviewing and explaining the terms before move-in keeps misunderstandings from escalating into ugly legal disputes.
Applicable law: S.C. Code § 27-40-710, S.C. Code § 27-40-720
Illegal Use of the Premises
South Carolina landlords can take swift action against tenants who use a rental property for criminal activity. A tenant selling drugs from an apartment, stealing electricity in a duplex, or selling stolen goods out of a garage gives the landlord clear grounds to evict.
When illegal conduct occurs on the premises, landlords have the right to start eviction proceedings immediately through magistrate court.
Applicable law: S.C. Code § 27-40-710(B)
Tenant Actions that Threaten Health or Safety
South Carolina landlords can terminate a lease when a tenant’s behavior damages the property or creates unsafe living conditions.
Common examples of health and safety violations in South Carolina include:
- Letting trash and food waste pile up, attracting bugs or rodents
- Overloading outlets or tampering with electrical wiring
- Allowing pets to damage walls, flooring, or HVAC vents
Landlords should collect evidence of each violation, including photos, communication records, and witness statements, before filing for eviction in magistrate court. To better understand safe living standards and maintenance obligations, review South Carolina’s warranty of habitability laws.
Applicable law: S.C. Code § 27-40-710(A)
Destruction or Neglect to the Rental Unit
South Carolina landlords can end a lease when a tenant damages or neglects the property beyond normal wear and tear. Tenants have 14 days after written notice to repair or pay for the damage they caused.
Landlords should collect solid proof before taking legal action or withholding a security deposit. Take timestamped photos, document inspection results, and request written estimates from licensed contractors. Detailed evidence helps landlords prove their case in magistrate court and recover repair costs.
Applicable law: S.C. Code § 27-40-710(A), S.C. Code § 27-40-530
Tenant is in a Month-to-Month Rental Contract
South Carolina landlords can end a month-to-month lease at any time, provided they follow the proper notice requirements. To terminate the tenancy, they must give the tenant 30 days’ written notice to vacate that clearly lists the move-out date. If the tenant refuses to leave after the notice expires, the landlord can file for eviction in magistrate court.
Applicable law: S.C. Code § 27-40-770
Step-by-Step Eviction Process in South Carolina
South Carolina landlords must follow a 7-step legal process to remove a tenant. From serving proper notice to regaining possession through the magistrate’s court, every step must comply with state law to remain valid.
Here are the steps landlords must take, from start to finish:
1. Deliver Notice to the Tenant
South Carolina landlords must initiate the eviction process by identifying the grounds for removal and serving the proper notice. Each notice gives the tenant a final opportunity to pay rent, fix the violation, or move out before the landlord files in court.
When the issue involves late rent or a fixable problem, landlords must allow the tenant time to correct it. For serious issues such as criminal activity or intentional property damage, landlords can file for eviction immediately. All notices must follow South Carolina’s service rules, such as personal delivery or posting at the rental property.
Notice Forms and Timelines
- 5-Day Notice to Pay Rent or Quit: Used when rent is late, unless the lease already includes a written 5-day rent clause. If the tenant fails to pay within 5 days, the landlord can file for eviction.
- 14-Day Notice to Cure or Vacate: Used when tenants break lease terms that affect health or safety. The tenant has 14 days to fix the issue or vacate the property.
- Immediate eviction filing: Allowed for non-curable offenses such as criminal behavior, severe property damage, or threats to others’ safety.
Applicable law: S.C. Code § 27-40-710, S.C. Code § 27-37-10
2. File an Eviction Lawsuit Against the Tenant
After the notice period ends and the tenant refuses to pay rent, fix the issue, or move out, the landlord will file an Application for Ejectment with the local magistrate court in the same county as the rental property. The filing will include the lease, the written notice, and any supporting evidence.
Once the landlord submits the paperwork, they will pay a filing fee that usually ranges from $40 to $75, depending on the county. The court clerk will then review the documents and set a hearing date. Both the landlord and tenant will receive notice of when and where to appear.
Applicable law: S.C. Code § 27-37-20
3. Serve Court Summons Paperwork to the Tenant
After the magistrate clerk sets the court date, the landlord will coordinate with the sheriff, deputy sheriff, or constable to serve the eviction summons and complaint to the tenant. The officer will deliver the documents in person, or if the tenant cannot be located, post them at the property and mail a copy to the tenant. Once completed, the officer will file a Return of Service confirming the date and method of delivery.
When the tenant receives the summons, they do not need to file a written response and must appear at the eviction hearing to challenge the case. Both the landlord and tenant will appear before the magistrate on the scheduled date to present their arguments.
Applicable law: S.C. Code § 27-37-30
4. Attend the Eviction Hearing
On the court date, the landlord and tenant (or their attorneys) will appear before the magistrate judge for the eviction hearing. Each party will present their side, explain what happened, and show evidence about rent payments, lease terms, or tenant behavior.
The magistrate will examine all submitted materials and may ask for documents such as the lease, payment receipts, photos, or witness statements. The judge will question both parties, review their evidence, and determine whether the landlord complied with South Carolina’s eviction rules before moving the case forward.
Applicable law: S.C. Code § 27-37-30
5. Court Reaches a Ruling
After reviewing all testimony and evidence, the magistrate will issue a final decision. In South Carolina, this ruling usually happens at the hearing or within a few days, depending on the local court’s workload. The judge will decide whether the tenant must move out or can stay.
If the judge rules in the tenant’s favor, the tenant will remain in the rental and may be able to recover court costs. If the judge rules in favor of the landlord, the court will issue a Writ of Ejectment, giving law enforcement the authority to remove the tenant after providing at least 24 hours’ notice. Tenants who want to appeal must file within 5 days and post the required appeal bond to delay enforcement.
Applicable law: S.C. Code § 27-37-100, S.C. Code § 27-37-120
6. Judge Issues a Writ of Ejectment
When the magistrate issues a Writ of Ejectment, law enforcement will be legally allowed to remove the tenant from the property. This document gives the tenant one last chance to leave before the sheriff or constable enforces the ruling.
After receiving the writ, the sheriff or constable will serve the tenant and give at least 24 hours’ notice to vacate. If the tenant still refuses to move out, law enforcement will return to remove them and hand possession back to the landlord.
Applicable law: S.C. Code § 27-37-100
7. Law Enforcement Executes the Writ of Ejectment
If the deadline passes and the tenant still refuses to leave, the sheriff or constable will return to the property to enforce the court’s order. Law enforcement will remove the tenant, return possession to the landlord, and ensure the process complies with South Carolina law. The landlord will regain complete control of the rental, but must allow officers to handle all removals.
After the eviction, the landlord will take possession of anything the tenant leaves behind. South Carolina law does not set a specific waiting period, but many counties recommend giving tenants a short, reasonable window to collect their items before disposal. Allowing this courtesy helps landlords avoid unnecessary legal disputes.
Applicable law: S.C. Code § 27-37-100, S.C. Code § 27-40-730
Tenant Defense Against Eviction in South Carolina
Eviction can leave a serious mark on a renter’s record, making it harder to secure housing, find steady work, or rebuild financial stability. Losing a home can disrupt families across South Carolina, but tenants facing eviction still have rights and can take steps to protect themselves.
Tenants who fall behind should contact their landlord early, set up a payment plan, or document needed repairs in writing. Showing up for court hearings and keeping organized records can also help tenants present their side more effectively.
When the process feels overwhelming, renters can turn to South Carolina Legal Services for help. This organization provides free or low-cost legal aid statewide and guides tenants through the eviction process. Call (888) 346-5592 for assistance.
Timelines to Expect
In South Carolina, an eviction can be completed in 4 to 9 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the South Carolina eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing Rule to Show Cause | 3-21 Business Days |
| Tenant Response Period | 10 Business Days |
| Court Ruling | 10 Business Days |
| Court Serving Writ of Possession | 5 Business Days |
| Final Notice Period | 24 Hours |
Flowchart of the South Carolina Eviction Process
Typical Court Fees
The cost of an eviction in South Carolina for all filing, court, and service fees can vary based on service fees. For cases filed in Magistrate Court, the average cost is $115.
| Fee | Magistrate |
| Initial Court Filing | $80 |
| Writ of Ejectment Issuance | $10 |
| Writ of Ejectment Service | ~$25 |
| Notice of Appeal Filing (Optional) | $150 |
Handle the South Carolina Eviction Process Efficiently
Eviction can be a time-consuming and challenging process for landlords across South Carolina. To stay prepared, use property management software to organize records, track rent payments, and generate legally compliant notices.
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