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🏛️ Courthouse Information and Locations for South Carolina

South Carolina Eviction Laws: Notice Requirements, Process, and Timelines

South Carolina handles evictions through Magistrate Court (or Circuit Court) using “Application for Ejectment” proceedings governed by the South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40) and S.C. Code Title 27, Chapter 37. South Carolina is landlord-friendly with a unique feature: if the lease contains specific statutory language, landlords can skip the written notice and proceed directly to court for nonpayment. The standard notice is 5 days for nonpayment and 14 days for lease violations. Below you’ll find everything landlords need to know.

South Carolina Eviction Laws

Comprehensive guide to South Carolina's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Magistrate Court.

⚡ Quick Overview

5
Days Notice (Nonpayment)
14
Days Notice (Violation)
21-40
Avg Total Days
$40
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 5-Day Demand for Rent
Notice Period 5 days
Tenant Can Cure? Yes
Days to Hearing 7-14 days
Days to Writ 5-10 days
Total Estimated Timeline 21-40 days
Total Estimated Cost $80-$250
⚠️ Watch Out

Landlord must give 5-day written notice before filing. Tenant can cure by paying full amount within 5 days. If tenant pays after filing but before judgment, case may be dismissed. Base filing fee is $40 for Rule to Show Cause, plus a $25 mandatory court surcharge per SC Stat. §22-3-340, bringing practical minimum to $65. Writ of Ejectment costs an additional $10. Filing fees may vary by county ($40-$75 range reported).

📜 Eviction Laws Main 📊 Compare This State

📋 Lease Violation

Notice Type 14-Day Notice to Cure or Vacate
Notice Period 14 days
Tenant Can Cure? Yes
Days to Hearing 7-14 days
Days to Writ 5-10 days
Total Estimated Timeline 30-50 days
Total Estimated Cost $80-$250
⚠️ Watch Out

14-day cure period required - tenant gets the chance to fix the violation. If the same violation recurs within 6 months, landlord can give 14-day unconditional quit notice.

📜 Eviction Laws Main 📊 Compare This State

📬 Service of Process

Service Methods Personal service by sheriff or process server
Proof Required Yes
Posting Allowed Yes, after failed personal attempts - by posting and mailing
Service of Process Fee $25-$45
📝 Service Notes

Summons served by magistrate court. If tenant cannot be found, court may allow service by posting.

🏛️ Court & Legal Information

Court Magistrate Court
Filing Fee (Approx) $40
Attorney Required No
Attorney Recommended Yes for contested cases or Rule to Vacate filings
Mandatory Mediation No
Jury Trial Available Yes, if amount exceeds magistrate court limits
Recover Attorney Fees Yes, if lease provides and court awards
Recover Back Rent (Same Filing) Yes
Recover Costs from Tenant Yes, if court awards
Default Judgment Available Yes
Default Judgment Timeline Same day or next scheduled hearing
Statute Citation S.C. Code §27-40-710
Self-Help Eviction Allowed No
Local Overrides Common No
🕐 Common Delays

Rural counties may have limited court schedules. Service can be slow if tenant avoids process server.

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 30 days
Appeal Stays Eviction Yes, with bond. Bond must cover judgment amount plus costs plus ongoing rent. No bond = no stay of eviction. SC Code §18-7-10 et seq.
Tenant Pay and Stay Yes, tenant can pay full amount before judgment to stop eviction
Tenant Auto-Continuance No
Writ Executed By Sheriff or constable
Writ Execution Timeline 5-10 days
Writ Execution Fee $10
🔒 Lockout Procedure

Sheriff or constable executes writ of ejectment. Landlord may change locks after execution.

📦 Tenant Property & Abandonment

Abandonment Period 15 days
📋 Abandonment Rules

Landlord must store abandoned property for 15 days after sending written notice to tenant's last known address.

🏦 Security Deposits

Return Deadline 30 days
Maximum Deposit No statutory limit
📝 Deposit Details

Landlord must return deposit within 30 days with itemized list of deductions. Must be held in separate account.

💵 Late Fees

Late Fee Cap No state cap
📝 Late Fee Rules

Must be reasonable and specified in lease. No statutory formula.

🛡️ Tenant Protections

Retaliatory Eviction Protection Yes
Retaliation Window Not defined. SC Code §27-40-910 prohibits retaliation but sets no specific presumption window. Courts evaluate proximity to protected activity case by case.
Rent Control No
📝 Rent Control Details

State preempts local rent control

COVID Protections Active No
Fair Housing (State Additions) No additional state-level protected classes beyond federal FHA

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides None known
📝 Local Override Details

SC is generally uniform statewide for landlord-tenant law.

Underground Landlord

📝 South Carolina Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Magistrate Court. Pay the filing fee (~$40).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for South Carolina

📊 Data Confidence

ℹ️ Notes

ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity

⚠️ Disclaimer: This page provides general information about South Carolina eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified South Carolina attorney or local legal aid organization.
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Disclaimer: This is general educational information, not legal advice. Consult a qualified South Carolina attorney for specific legal guidance.

Governing Law and Court System

South Carolina evictions are governed by:

Courts: Magistrate Court and Circuit Court have concurrent jurisdiction over landlord-tenant disputes (S.C. Code § 27-40-130(a)). Most evictions are filed in Magistrate Court.

Filing fees:

Self-Help Eviction Prohibited

Self-help evictions are illegal in South Carolina. Landlords cannot:

Retaliatory eviction penalty: Landlords who retaliate against tenants for exercising legal rights cannot recover possession for 75 days and may be liable for up to 3 months’ rent OR 3x actual damages, plus attorney’s fees (S.C. Code § 27-40-910).

Legal Grounds for Eviction

Landlords may evict for:

Notice Requirements by Violation Type

Nonpayment of Rent: 5-Day Notice (or No Notice)

South Carolina has a unique provision regarding nonpayment notices:

If lease contains statutory language:

The statutory language that eliminates notice requirement (§ 27-40-710(B)):

“This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted.”

If lease does NOT contain this language:

Tenant cure: If tenant pays full rent within 5 days, eviction stops.

(S.C. Code § 27-37-10, § 27-40-710(B))

Lease Violations: 14-Day Notice to Cure

For violations of lease terms or statutory obligations:

(S.C. Code § 27-40-710(A))

Illegal Activity: Immediate (No Notice)

For criminal or illegal activity on premises:

(S.C. Code § 27-40-710(B))

Month-to-Month Termination: 30-Day Notice

To end a month-to-month tenancy without cause:

(S.C. Code § 27-40-770)

Fixed-Term Lease Expiration: No Notice Required

When a fixed-term lease expires:

Service of Notice

Written notices should be served to the tenant. South Carolina law permits various service methods. Retain proof of service for court.

Filing the Eviction Lawsuit

After notice period expires (or immediately if no notice required):

  1. File Application for Ejectment (Rule to Show Cause) in Magistrate Court
  2. Pay filing fee ($40)
  3. Court issues written rule requiring tenant to vacate or show cause within 10 days

Required documents:

Service of Rule to Show Cause

The magistrate’s constable, deputy sheriff, or process server serves the tenant:

For posting and mailing to be valid:

Tenant Response and Hearing

Tenant has 10 days after service to appear and show cause why they should not be ejected.

If tenant fails to appear: Magistrate issues warrant of ejectment (default judgment).

If tenant contests:

At the hearing, landlord should bring:

Judgment and Writ of Ejectment

If landlord wins:

(S.C. Code § 27-37-100)

Execution of Writ – 24 Hours to Vacate

The constable or deputy sheriff:

  1. Proceeds to premises
  2. Presents copy of writ to occupants
  3. Gives occupants 24 hours to vacate voluntarily

If tenant refuses to vacate within 24 hours:

Special consideration: For ill or elderly tenants, officer may use discretion to grant delay.

(S.C. Code § 27-37-160)

Appeal Process

Either party can appeal to Circuit Court:

Practical note: Appeals must be filed before writ is executed (5-6 days practically)—there’s no way to reverse an eviction after sheriff removes tenant.

(S.C. Code § 27-37-120, § 27-37-130, § 27-40-800)

Abandoned Property

After eviction, tenant’s belongings placed on public street:

(S.C. Code § 27-40-710(D))

Abandonment

Property considered abandoned if:

For abandoned property worth $500 or less, landlord can dispose of it. For higher value items, follow statutory procedures.

(S.C. Code § 27-40-730)

Rent Payment During Litigation

Tenant may be required to pay rent into court as it becomes due during the case. Failure to pay can result in immediate warrant of ejectment.

(S.C. Code § 27-40-790)

Attorney’s Fees

Landlord may recover reasonable attorney’s fees if:

(S.C. Code § 27-40-710(C))

Licensed Property Managers

A licensed real estate broker-in-charge or property manager may:

Tenant Defenses

Typical Timeline

Best Practices for South Carolina Landlords

Quick Reference: South Carolina Eviction Rules

Bottom line: South Carolina is landlord-friendly with fast timelines. The key is including the statutory 5-day notice language in your lease—this eliminates the need for separate written notice before filing for nonpayment. Once in court, the process moves quickly: 10 days for tenant to respond, writ within 5 days of judgment, and only 24 hours to vacate after the writ is served. Jury trials are available but may slow the process. Always include the abandoned property rules in eviction notices and never attempt self-help eviction—retaliatory eviction penalties are severe (75 days delay plus up to 3x damages).