Marion County
Marion County · South Carolina

Marion County Landlord-Tenant Law

South Carolina landlord guide — county ordinances, courthouse info & local rules

πŸ“ County Seat: Marion
πŸ‘₯ Pop. ~31,000
βš–οΈ Magistrate Court
🌾 Pee Dee / Rural Midlands

Marion County Rental Market Overview

Marion County sits in the South Carolina Pee Dee region, bordered by Dillon to the north, Marlboro to the northeast, Florence to the south and west, and Horry to the east. The county seat of Marion is a classic small Pee Dee city with a modest commercial core, a historic downtown that retains some of its antebellum and early-twentieth-century architectural character, and an economy built primarily around healthcare, public sector employment, agriculture, and whatever manufacturing remains active in the county’s industrial parks. Francis Marion University in adjacent Florence County exerts some modest educational influence on the region, but Marion County itself has no four-year institution.

The rental market in Marion County is small and concentrated in the city of Marion, with secondary activity in Mullins β€” the county’s second city and the historical center of South Carolina’s tobacco market, a legacy that defined the Pee Dee economy for generations before tobacco’s decline. Rents are low, the housing stock is predominantly older, and the tenant base is primarily lower-income working families and individuals employed in the county’s agricultural, service, and manufacturing sectors. Florence County’s proximity means some Marion County residents commute to Florence for employment, adding a modest working-professional segment to the tenant pool. All residential tenancies are governed by the SC Residential Landlord and Tenant Act, with Marion County Magistrate Court handling Summary Ejectment.

πŸ“Š Quick Stats

County Seat Marion
Population ~31,000
Key Communities Marion, Mullins, Nichols, Sellers, Brittons Neck
Court System Magistrate Court
Rent Control None (state preemption)
Just-Cause Eviction Not required

⚑ Eviction At-a-Glance

Nonpayment Notice 5-Day Notice to Pay or Vacate
Lease Violation 14-Day Notice to Cure
Filing Fee ~$80–$120
Court Type Magistrate Court
Avg. Timeline 2–4 weeks
Statute SC Code Β§ 27-40-710

Marion County Ordinances & Local Rules

Topic Rule / Notes
Rent Control None. SC state preemption applies throughout Marion County. No rent restrictions in Marion, Mullins, or any unincorporated area.
Security Deposit Cap No statutory cap. Prevailing rents are low; deposits typically one month. Must return within 30 days with itemized accounting (SC Code Β§ 27-40-530).
Habitability Standard SC Code Β§ 27-40-410 applies regardless of rent level. Older Marion and Mullins stock requires proactive HVAC, plumbing, and weatherproofing maintenance. Habitability obligations apply even in the county’s most affordable rentals.
Florence County Commuters Some Marion County residents commute to Florence for employment at Prisma Health McLeod, manufacturing facilities, and commercial operations. Florence employment income is verified identically to local income.
Written Lease Practice Not legally required for month-to-month tenancies under SC law but essential for enforcement at Magistrate Court. Only written terms can be enforced. Use a SC-compliant written lease on every tenancy.
Housing Choice Vouchers No requirement to accept HCV in Marion County. Voluntary participation can stabilize income in an affordability-constrained market. HCV tenants are subject to the same SC eviction statute as market-rate tenants.
Self-Help Eviction Prohibited under SC law. Lock changes, utility shutoffs, or removal of belongings are illegal. Summary Ejectment through Marion County Magistrate Court is the only lawful process.
Retaliatory Eviction Prohibited. Courts may presume retaliation if eviction follows within 90 days of a documented habitability complaint.

πŸ›οΈ Courthouse Finder

πŸ›οΈ Courthouse Information and Locations for South Carolina

πŸ’΅ Cost Snapshot

πŸ’° Eviction Costs: South Carolina
Filing Fee 40
Total Est. Range $80-$250
Service: β€” Writ: β€”

South Carolina State Law Framework

⚑ Quick Overview

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

πŸ’° 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. Β§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).

Underground Landlord

πŸ“ 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.
⚠️ 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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πŸ” Reduce Your Risk Before Signing a Lease: South Carolina landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in South Carolina β€” including background checks, credit history, income verification, and rental references β€” is one of the most cost-effective steps you can take to protect your rental property. Before you ever need South Carolina's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏘️ Communities & Screening Tips

Key communities: Marion, Mullins, Nichols, Sellers, Brittons Neck, Rains.

Income verification: Screen carefully across all income types. Government employment, healthcare, and Florence-area commuter income are the most stable segments. A 3x monthly rent income minimum is the appropriate baseline screen for a low-rent market.

Documentation: Move-in photos, signed condition checklists, and written maintenance records are essential at every rent level. Magistrate Court proceedings in small Pee Dee counties are straightforward when documentation is thorough.

Marion County Landlord Guide: Pee Dee Rural Market, Mullins Tobacco Heritage, and SC Eviction Law

Marion County is a small Pee Dee county whose rental market mirrors the characteristics of much of rural eastern South Carolina: low rents, older housing stock, limited but real local employment anchors, and a tenant base that is primarily working-class with modest incomes. The city of Marion’s position as a small regional service center β€” with a hospital, county government employment, and some commercial activity β€” and Mullins’s historical identity as the heart of SC’s flue-cured tobacco market give the county slightly more economic depth than the most rural Lowcountry counties, though the tobacco era’s decline has left its mark on Mullins’s commercial vitality. For landlords, Marion County requires the same operational discipline as any other low-rent rural SC market: legal compliance, proactive maintenance, and thorough documentation.

Eviction Process at Marion County Magistrate Court

Nonpayment evictions begin with a written 5-Day Notice to Pay or Vacate under SC Code Β§ 27-40-710. After five days, Summary Ejectment is filed at Marion County Magistrate Court in Marion. The county’s low docket volume means hearings are typically scheduled efficiently within the 10-day window. Writs of Ejectment are enforced by the Marion County Sheriff. Lease violation evictions require 14-day cure under SC Code Β§ 27-40-720. Self-help eviction β€” lock changes, utility shutoffs, removing tenant property β€” is illegal under SC law and generates civil liability regardless of how justified the landlord believes the removal to be. There is no shortcut to Summary Ejectment in South Carolina.

Marion and Mullins: Two Market Centers

The city of Marion and the city of Mullins represent Marion County’s two distinct market centers, each with different economic characters. Marion, as the county seat, concentrates public sector employment, county government services, and the county’s primary healthcare facility β€” Marion County Medical Center β€” which draws clinical and support staff from across the county. Mullins carries the cultural weight of the tobacco warehouse era, when it was one of the largest tobacco markets in the American South, and retains some commercial activity on its main street while adjusting to the post-tobacco economy through manufacturing recruitment and agricultural diversification. Rents in both cities are similarly modest; the distinguishing factor in screening is less geography than employment stability and income source.

Habitability and Older Pee Dee Housing Stock

The housing stock in Marion and Mullins is predominantly older β€” much of it built before the widespread adoption of modern HVAC, insulation, and plumbing standards. SC Code Β§ 27-40-410 applies fully regardless of property age or rent level, requiring landlords to maintain functional heating and cooling, safe electrical systems, working plumbing, and weathertight structure. In the Pee Dee’s hot, humid summers, HVAC reliability is not a comfort amenity β€” it is a health necessity and a legal obligation. A documented HVAC failure in July or August is a habitability violation that a tenant can raise as a defense in any subsequent eviction proceeding and as grounds for a retaliatory eviction claim if the landlord acts within 90 days. Annual HVAC service, prompt repair response, and written maintenance documentation are the operational minimum for every Marion County rental property.

Security Deposits: Small Amounts, Full Compliance Required

Marion County’s prevailing rents mean security deposits typically fall in the $300–$600 range. SC Code Β§ 27-40-530 requires return of the unused deposit within 30 days of lease termination and surrender with itemized written accounting regardless of deposit amount. Missing the 30-day deadline forfeits the landlord’s right to retain any portion of the deposit. The documentation process β€” move-in condition photos, signed checklist, dated repair quotes at turnover β€” is identical whether the deposit is $300 or $3,000. Building these practices into every tenancy creates an evidentiary foundation that protects the landlord in any Magistrate Court proceeding, and in a low-margin market, the difference between a winnable and unwinnable deposit dispute is often just whether the paperwork exists.

πŸ—ΊοΈ Neighboring Counties
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant law is subject to change and may vary based on individual circumstances. For questions about a specific eviction, lease dispute, or compliance matter, consult a licensed South Carolina attorney or contact Marion County Magistrate Court directly. Last updated: March 2026.

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