Eviction Laws in Summerville, South Carolina
Summerville is one of South Carolina’s fastest-growing communities, straddling Dorchester and Charleston counties northwest of Charleston. Its reputation as a family-friendly, affordable alternative to downtown Charleston β combined with proximity to Joint Base Charleston β has driven rapid population growth and a booming rental market that shows no signs of slowing.
South Carolina’s full landlord framework applies in Summerville: 5-day nonpayment notice (or none with the statutory lease language), no deposit cap, and 24-hour post-judgment removal. Critically, Summerville spans two counties β properties in Dorchester County file in Dorchester County Magistrate’s Court; those in Charleston County file in Charleston County Magistrate’s Court. Confirm your county before filing.
Summerville & Dorchester County — Local Rules That Affect Landlords
No rent control. South Carolina has no statewide rent control and no statute permitting municipalities to enact it. Summerville cannot cap rent increases. Landlords may raise rent with proper notice at lease renewal.
Two-County Jurisdiction β Critical. Summerville straddles Dorchester and Charleston counties. Filing in the wrong county’s Magistrate’s Court will result in dismissal. Verify your property’s county by address before preparing Form SCCA 732.
SCRA β Joint Base Charleston. Joint Base Charleston is nearby, and many Summerville renters are active-duty military or civilian defense employees. Always verify active-duty status using the DMDC tool before initiating any eviction β SCRA termination rights are non-waivable.
HOA Communities. Summerville’s rapid growth has produced many master-planned HOA communities. Incorporate HOA rules explicitly into your lease as lease obligations β this preserves your ability to issue 14-day cure notices for HOA violations.
Dorchester County Magistrate’s Court — Where Summerville Landlords File
All eviction (ejectment) filings for Summerville properties are made at the Dorchester County Magistrate’s Court — 201 Johnston St, St. George, SC 29477, phone: (843) 832-0100. Hours: MonβFri 8:30 a.m.β5 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 Dorchester 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.
|