🏛️ 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
💰 Nonpayment of Rent
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).
📋 Lease Violation
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.
📬 Service of Process
Summons served by magistrate court. If tenant cannot be found, court may allow service by posting.
🏛️ Court & Legal Information
Rural counties may have limited court schedules. Service can be slow if tenant avoids process server.
⚖️ Appeals & Post-Judgment
Sheriff or constable executes writ of ejectment. Landlord may change locks after execution.
📦 Tenant Property & Abandonment
Landlord must store abandoned property for 15 days after sending written notice to tenant's last known address.
🏦 Security Deposits
Landlord must return deposit within 30 days with itemized list of deductions. Must be held in separate account.
💵 Late Fees
Must be reasonable and specified in lease. No statutory formula.
🛡️ Tenant Protections
State preempts local rent control
🏙️ Local Overrides & City-Specific Rules
SC is generally uniform statewide for landlord-tenant law.
Underground Landlord📝 South Carolina Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Magistrate Court. Pay the filing fee (~$40).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for South Carolina
📊 Data Confidence
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
Underground Landlord
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:
- S.C. Code Title 27, Chapter 40: Residential Landlord and Tenant Act
- S.C. Code Title 27, Chapter 37: Ejectment proceedings
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:
- Rule to Show Cause: $40
- Writ of Ejectment: $10
- Sheriff service of writ: $10
Self-Help Eviction Prohibited
Self-help evictions are illegal in South Carolina. Landlords cannot:
- Lock out tenants
- Shut off utilities
- Remove tenant’s belongings
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:
- Nonpayment of rent (5 days late)
- Lease violations
- Health and safety violations
- Illegal activity
- End of lease term
- Termination of month-to-month tenancy
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:
- No separate written notice required
- Landlord can file for eviction immediately after rent is 5 days late
- The required lease language must be in bold, conspicuous type
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:
- Landlord must serve 5-Day Notice to Pay Rent
- Notice must state amount due and that eviction will follow if not paid
- After one notice during the lease term, landlord doesn’t need to provide additional notices
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:
- Serve 14-day notice specifying the violation
- Tenant has 14 days to remedy the breach
- If health/safety violation and tenant begins cure within 14 days but can’t complete in time, reasonable additional time may be allowed if pursued in good faith
- If not cured, landlord can file eviction
(S.C. Code § 27-40-710(A))
Illegal Activity: Immediate (No Notice)
For criminal or illegal activity on premises:
- No notice required—landlord can file immediately
- Unconditional quit notice may be used
- No cure right
(S.C. Code § 27-40-710(B))
Month-to-Month Termination: 30-Day Notice
To end a month-to-month tenancy without cause:
- Serve 30-day written notice
- Notice must specify termination date at least 30 days out
(S.C. Code § 27-40-770)
Fixed-Term Lease Expiration: No Notice Required
When a fixed-term lease expires:
- Landlord not required to give notice (unless lease requires it)
- Tenant expected to move by end of lease term
- If tenant holds over, landlord can file for eviction
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):
- File Application for Ejectment (Rule to Show Cause) in Magistrate Court
- Pay filing fee ($40)
- Court issues written rule requiring tenant to vacate or show cause within 10 days
Required documents:
- Lease agreement
- Notice (if required) with proof of service
- Rent ledger
- Evidence of violations
Service of Rule to Show Cause
The magistrate’s constable, deputy sheriff, or process server serves the tenant:
- First attempt: Personal service
- Second attempt: Personal service
- Third attempt (if both fail): Posting on premises + mailing by ordinary mail
For posting and mailing to be valid:
- Property must be abandoned 15+ days
- Court clerk must verify mailing and make verification part of record
- Service complete 10 days after mailing
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:
- Magistrate schedules hearing promptly
- Either party can demand jury trial
- Both sides present evidence
- Judge or jury decides
At the hearing, landlord should bring:
- Lease agreement
- Notice and proof of service
- Rent ledger/payment records
- Photos, communications, evidence of violations
Judgment and Writ of Ejectment
If landlord wins:
- Court issues Writ of Ejectment within 5 days of verdict/judgment
- $10 fee for writ
- Writ authorizes sheriff, deputy, or constable to remove tenant
(S.C. Code § 27-37-100)
Execution of Writ – 24 Hours to Vacate
The constable or deputy sheriff:
- Proceeds to premises
- Presents copy of writ to occupants
- Gives occupants 24 hours to vacate voluntarily
If tenant refuses to vacate within 24 hours:
- Deputy sheriff may enter by force using least destructive means
- Constables cannot use force—only deputy sheriffs
- If premises appear occupied but no response, writ is posted
- 24 hours after posting, deputy may enter by force
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:
- Must file appeal
- To stay (delay) eviction, tenant must post appeal bond
- Bond must be filed within 5 days after service of notice of appeal
- Bond covers all costs and damages landlord may sustain
- Tenant must continue paying rent during appeal
- Failure to post bond = appeal dismissed
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:
- Municipal/county officials remove after 48 hours (excluding Saturdays, Sundays, holidays)
- May be removed earlier during normal trash collection
- If no public trash collection, landlord can dispose after 48 hours
- Notice of eviction must inform tenant of these rules
(S.C. Code § 27-40-710(D))
Abandonment
Property considered abandoned if:
- Tenant absent 15+ days after failing to pay rent, OR
- Tenant voluntarily turned off utilities, is absent, and hasn’t paid rent
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:
- Tenant’s noncompliance (other than nonpayment) is willful
- Tenant’s nonpayment is not in good faith
- Landlord is represented by an attorney
(S.C. Code § 27-40-710(C))
Licensed Property Managers
A licensed real estate broker-in-charge or property manager may:
- Complete writ of eviction forms
- Present facts to judicial officers on behalf of landlord
- No separate charge for this service
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time
- Improper service: Service rules not followed
- Payment: Rent was paid within cure period
- Lease violation cured: Breach remedied within 14 days
- Landlord breach: Landlord failed to maintain premises
- Unreasonable rule: Lease term being enforced is unreasonable
- Retaliation: Eviction in response to tenant exercising legal rights
- Discrimination
Typical Timeline
- Notice period: 0-30 days (depending on grounds)
- Tenant response to rule: 10 days
- Writ of Ejectment issued: Within 5 days of judgment
- Time to vacate after writ: 24 hours
- Total (uncontested nonpayment): 4-6 weeks
- Total range: 30-90+ days depending on complexity
Best Practices for South Carolina Landlords
- Include statutory language in lease to eliminate separate notice requirement for nonpayment
- Use bold, conspicuous type for the 5-day notice provision
- Keep detailed rent ledgers and payment records
- Document all lease violations with photos, dates, communications
- Serve proper notice and retain proof of service
- File in correct magistrate court for property location
- Bring all documentation to hearing
- Pay writ fee promptly after judgment
- Include abandoned property rules in eviction notice
- Never attempt self-help eviction
- Be prepared for tenant to request jury trial
Quick Reference: South Carolina Eviction Rules
- Nonpayment (with lease language): No separate notice required
- Nonpayment (without lease language): 5-day notice
- Lease violations: 14-day notice (cure allowed)
- Illegal activity: No notice required
- Month-to-month termination: 30-day notice
- Fixed-term expiration: No notice required
- Tenant response time: 10 days
- Jury trial: Available on demand
- Writ issued: Within 5 days of judgment
- Time to vacate: 24 hours after writ served
- Appeal bond deadline: 5 days
- Abandoned property storage: 48 hours
- Retaliation penalty: 75 days + 3 months rent/3x damages
- Filing fee: $40 (rule) + $10 (writ)
- Attorney’s fees: Recoverable for willful/bad faith violations
- Governing law: S.C. Code §§ 27-40, 27-37
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).