Eviction Laws in Hilton Head Island, South Carolina
Hilton Head Island is a town (not a city) in Beaufort County — and one of South Carolina’s most STR-dominant rental markets. The island’s economy runs on resort tourism, golf, and hospitality, and the rental market reflects this with a heavy concentration of vacation rentals, seasonal mid-term tenants, and a year-round residential tenant base made up largely of hospitality workers. It’s an unusual market that requires landlords to clearly understand the difference between STR guests and residential tenants under South Carolina law.
For residential tenancies (typically 30+ days), South Carolina’s full eviction framework applies: 5-day nonpayment notice or none with the statutory lease language, no deposit cap, and 24-hour post-judgment removal. File at Beaufort County Magistrate’s Court. Confirm the correct magistrate office for Hilton Head properties — Beaufort County is geographically large with multiple magistrate locations.
Hilton Head Island & Beaufort County — Local Rules That Affect Landlords
No rent control. South Carolina has no statewide rent control and no statute permitting municipalities to enact it. Hilton Head Island cannot cap rent increases. Landlords may raise rent with proper notice at lease renewal.
STR vs. Residential Tenancy. Short-term guests (stays under 30 days) are not tenants under the SCRLTA — overstaying STR guests are handled as a trespass matter through the Beaufort County Sheriff’s Office, not through Magistrate’s Court ejectment. Reserve the formal eviction process for residential tenants only.
Town STR Licensing. The Town of Hilton Head Island requires STR business licenses and enforces STR overlay regulations. Verify current licensing requirements directly with the town before operating any STR — requirements have evolved and non-compliance carries fines.
Accommodation Tax. Hilton Head levies a local accommodation/hospitality tax on short-term lodging on top of state and Beaufort County lodging taxes. This is relevant to STR operators but does not affect the residential eviction process.
Beaufort County Magistrate’s Court — Where Hilton Head Island Landlords File
All eviction (ejectment) filings for Hilton Head Island properties are made at the Beaufort County Magistrate’s Court — 102 Ribaut Rd, Beaufort, SC 29902, phone: (843) 255-5730. 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 Beaufort 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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