Eviction Laws in Charleston, South Carolina
Charleston is one of the Southeast’s most competitive coastal rental markets, with a tourism-driven economy, significant short-term rental presence, and rapidly rising rents creating substantial affordability pressure. A large cost-burdened renter population — residents spending over 30% of income on housing — makes eviction filings a consistent reality for Charleston landlords despite the city’s prosperous reputation.
South Carolina’s landlord-favorable framework applies fully in Charleston: 5-day nonpayment notice (or none with the right lease language), no security deposit cap, and 24-hour post-judgment removal. File at Charleston County Magistrate’s Court. Charleston County has multiple magistrate offices — jurisdiction depends on the property’s address and ZIP code. Confirm the correct office before filing.
Charleston & Charleston County — Local Rules That Affect Landlords
No rent control. South Carolina has no statewide rent control and no statute permitting municipalities to enact it. Charleston cannot cap rent increases. Landlords may raise rent with proper notice at lease renewal.
STR Licensing. The City of Charleston requires a short-term rental business license and enforces STR overlay district rules. Landlords operating STRs must maintain current city licensing. STR ejectment of residential tenants (30+ day stays) still goes through Magistrate’s Court under standard SCRLTA procedure.
Multiple Magistrate Offices. Charleston County routes ejectment filings by property address ZIP code across multiple magistrate locations. Always confirm the specific office before filing Form SCCA 732 — filing at the wrong location causes delays.
Joint Base Charleston. Joint Base Charleston brings a significant active-duty military population to the metro area. SCRA protections allow early lease termination for active-duty tenants receiving deployment or PCS orders. Verify military status before filing.
Charleston County Magistrate’s Court — Where Charleston Landlords File
All eviction (ejectment) filings for Charleston properties are made at the Charleston County Magistrate’s Court — 100 Broad St, Charleston, SC 29401, phone: (843) 958-5000. Hours: Mon–Fri 8:30 a.m.–5 p.m.. File Form SCCA 732 (Application for Ejectment) and pay the $40 filing fee. The court will issue a Rule to Show Cause served on the tenant by a sheriff’s deputy; the tenant has 10 days to respond. If uncontested, a default Writ of Ejectment is issued. If contested, a hearing is scheduled — either party may request a jury trial. After judgment, the Writ of Ejectment is issued within 5 days; the tenant then has 24 hours to vacate after the Writ is posted. If they do not leave, contact the Charleston County Sheriff’s Office to schedule a physical set-out. Do not change locks, remove belongings, or cut utilities before the Sheriff executes the Writ — self-help eviction is illegal under S.C. Code § 27-40-660 and exposes you to civil liability.
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