South Carolina Eviction Laws & Process

The South Carolina eviction process and laws govern every decision a landlord makes when removing a tenant from a rental property. Landlords strengthen their position by understanding these rules. Tenants, on the other hand, facing eviction retain inalienable rights under South Carolina landlord-tenant law.

Landlords can explore the sections ahead for clear guidance on grounds for eviction, each step in the process, typical timelines and costs, practical advice, and more. For tenants, we provide actionable tips to help them avoid eviction and stay in their rentals.

Let’s get started.

What is an eviction in the state of South Carolina?

An eviction in South Carolina begins when a landlord initiates legal action to remove a tenant from a rental property due to non-payment of rent, lease violations, or other serious issues that jeopardize the tenancy.

South Carolina’s eviction laws, also known as the South Carolina Residential Landlord and Tenant Act, live within Title 27 Chapter 40 of the South Carolina Code.

Common Reasons for Eviction in South Carolina

South Carolina gives a landlord authority to start an eviction when specific problems pop up within the tenancy, including:

Failure to Pay Rent

South Carolina law does not require a grace period for tenants to pay rent, and rent becomes late the day after its due date (unless the lease grants extra time). Late rent counts as a curable issue, meaning the tenant can resolve it by paying the full balance within a given timeframe. For late rent, the landlord can issue a 5-Day Notice to Pay Rent or Quit. This notice gives the tenant 5 days to pay or vacate the rental.

Supporting law: S.C. Code Ann. § 27-40-710

Breach of the Lease Agreement

A landlord and tenant enter into a binding contract upon execution of a South Carolina lease agreement. As such, both parties must comply with all terms. When a tenant breaches those terms, however, the landlord can proceed with an eviction.

Some examples of lease breaches include:

• A tenant gets into loud shouting matches with his brother that disturb neighbors and violate the peaceful enjoyment of the property.
• A tenant parks a fleet of commercial vehicles on the property, even though they agreed not to when signing the lease.
• A tenant sublets their rental on Airbnb when the lease prohibits subleasing.

South Carolina law treats certain minor lease breaches as curable. In these cases, a landlord should serve a 14-Day Notice to Cure or Quit. More severe violations may be deemed incurable, allowing a landlord to serve a 14-Day Notice to Quit.

Supporting law: S.C. Code Ann. § 27-40-710

Illegal Activity on the Premises

When a tenant commits a crime inside or near the rental unit that threatens health or safety, a landlord can seek eviction. While South Carolina treats most illegal activity as incurable, a landlord may view minor issues as curable and issue a 14-Day Notice to Cure or Quit. When tenants commit crimes, the landlord must ultimately use their judgment to determine which notice is appropriate.

For example, if a tenant stores a stolen car in the rental property’s garage, the landlord can treat the situation as incurable and proceed with immediate eviction. But if a tenant gets a noise complaint ticket while playing video games with friends, the landlord may issue a stern warning and ask them to keep it down next time.

Supporting law: S.C. Code Ann. § 27-40-710, S.C. Code Ann. § 27-40-540

Damage to the Rental Property

South Carolina law requires tenants to avoid any deliberate or negligent destruction of the rental unit. The law states that a tenant “must not destroy, deface, damage, impair, or remove any part of the premises.” Failure to comply with this requirement may constitute a breach of the lease agreement.

If tenants cause damage to a rental, landlords should document the condition with dated photos, written notes, repair estimates, and witness statements. As with illegal activity, the severity of the damage will help determine whether the landlord treats the issue as curable or incurable, and which notice to deliver.

Supporting law: S.C. Code Ann. § 27-40-510, S.C. Code Ann. § 27-40-710

Health & Safety Violations

South Carolina law requires tenants to keep their rental unit reasonably clean and safe at all times. When they ignore these responsibilities, a landlord may proceed with eviction in most cases.

Common examples of safety and health violations in South Carolina include:

• Leaving spoiled seafood on a balcony that attracts grub worms, gnats, and vermin.
• Disabling required smoke detectors in a bedroom and failing to meet basic fire-safety standards.
• Allowing exposed electrical wiring in a living room to dangle precariously thereby increasing the risk of shocks or fire.

South Carolina law requires the landlord to maintain safe, habitable housing under the implied warranty of habitability. As such, tenants share an equal duty to maintain health and safety in their rental unit.

Supporting law: S.C. Code Ann. § 27-40-510, S.C. Code Ann. § 27-40-440

Tenant is in a Month-to-Month Rental Contract

South Carolina law allows a landlord to end a month-to-month tenancy without giving a reason, provided they follow the proper protocols. Under a valid South Carolina month-to-month lease agreement, the landlord must give the tenant a written 30-Day Notice to Vacate. If the tenant stays past the deadline, the landlord can then file an eviction case in court.

Supporting law: S.C. Code Ann. § 27-40-770

The Complete Eviction Process in South Carolina

Here are the steps a landlord in South Carolina must follow to pursue eviction, in order:

1. Landlord Issues Notice to the Tenant

When a tenant engages in evictable behavior, the landlord must issue the appropriate notice to jumpstart the eviction process. In some cases, such as late rent or a minor lease violation, the landlord may allow the tenant to resolve the issue before proceeding.

In more serious cases, the landlord does not need to offer time to cure and can issue a notice requiring the tenant to move out by a set deadline. South Carolina law determines which notice the landlord must issue, so landlords should study those requirements to avoid botching the eviction.

Notice Forms & Timelines

• 5-Day Notice to Pay Rent or Quit: A landlord uses this notice when a tenant fails to pay rent and the lease does not already state that rent is due immediately. The notice gives the tenant 5 days to pay in full.
• 14-Day Notice to Cure or Quit: A landlord issues this notice when a tenant commits a curable lease violation, giving the tenant 14 days to correct the issue or move out.
• 14-Day Notice to Quit: A landlord issues this notice when a tenant commits a serious or non-curable violation, requiring the tenant to vacate by the deadline with no option to remedy the issue.
• Immediate Notice to Quit: For serious violations (like criminal activity or significant damage) where the tenant may be required to vacate immediately or within a very short time, without an option to cure.
• 30-Day Notice to Vacate: A landlord relies on this notice to end a month-to-month tenancy. This document gives the tenant 30 days to move out and does not require a reason for termination.

Supporting law: S.C. Code Ann. § 27-40-710, S.C. Code Ann. § 27-40-720, S.C. Code Ann. § 27-40-770

2. Landlord Files an Eviction Lawsuit With the Courts

When a South Carolina tenant refuses to cure a violation or stays past a move-out deadline, the landlord must take the next legal step. The landlord will need to file an Application for Ejectment with the magistrate or circuit court in the county where the rental property is located. This filing must include the completed application, proof of proper notice, and any supporting evidence the landlord wants the court to know about.

Eviction filing fees vary by county and usually range from $50 to $150. After the landlord files the paperwork and pays the fee, the court clerk will choose a hearing date and time, typically within roughly 10 to 14 days.

Supporting law: S.C. Code Ann. § 27-37-10, S.C. Code Ann. § 27-40-760

3. Court Summons Paperwork Served to Tenant

Once the clerk sets a court date, the landlord must arrange for a sheriff, constable, or other court-authorized process server to deliver an Application for Ejectment and Summons directly to the tenant. The process server must then complete a Proof of Service form and file it with the relevant magistrate court. If the court does not receive this document, the judge will typically dismiss the case, and the landlord must start from scratch.

After receiving the Summons and the Application for Ejectment, the tenant must appear in court on the scheduled date. If the tenant does not appear in court, the judge may issue a warrant of ejectment in the landlord’s favor.

Supporting law: S.C. Code Ann. § 27-37-30

4. Tenant and Landlord Attend an Eviction Hearing

On the hearing date, the landlord and tenant, along with any legal assistance, will appear before the magistrate judge for the eviction proceeding. Each side will have time to present its case and evidence (photos, repair estimates, payment records, lease documents, or written communications) supporting their position.

During the hearing, the judge may request additional documents, witness statements, or clarification. After both parties have presented their information, the judge will review the details and issue the ruling.

Supporting law: S.C. Code Ann. § 27-37-30

5. Judge Reaches a Ruling

After the judge reviews all testimony, documents, and evidence, the court issues a ruling. Most judges announce their decision during the hearing, but if they need additional information, they may take extra time before reaching a final decision.

If the judge rules in favor of the tenant, the tenant may stay in the rental unit under the terms of their current lease. If the judge rules in favor of the landlord, they will issue an Order of Ejectment, which officially grants the landlord’s legal right to regain possession of the property.

Supporting law: S.C. Code Ann. § 27-37-40, S.C. Code Ann. § 27-37-100

6. Landlord Obtains an Order of Ejectment Authorizing Removal of Tenant

Once the judge issues an Order of Ejectment, the landlord may then request a Writ of Ejectment from the court. This document authorizes law enforcement to remove the tenant and sets a final deadline before enforcement begins.

Once the landlord receives the Writ of Ejectment, they must coordinate with the sheriff or a deputy sheriff in the county where the rental property is located. The sheriff will then serve the writ to the tenant and give them 24 hours to leave on their own before they return to enforce it.

Supporting law: S.C. Code Ann. § 27-37-160, S.C. Code Ann. § 27-37-40

7. Law Enforcement Removes Tenant from Rental Property

If the deadline passes and the tenant still hasn’t moved out, the sheriff or a deputy sheriff will return to the property to complete the physical removal. During this process, a landlord must avoid any form of self-help eviction, including changing locks, shutting off utilities, or removing a tenant’s belongings.

If a tenant leaves belongings behind, the landlord must store the items for a reasonable period and make a good-faith effort to contact the tenant before disposing of anything.

Supporting law: S.C. Code Ann. § 27-40-730, S.C. Code Ann. § 27-37-160

Typical Eviction Timelines in South Carolina

An eviction in South Carolina often lasts several weeks from the first notice to the tenant’s removal. The total timeline depends on the reason for eviction, how quickly the court schedules a hearing, and whether the tenant challenges the case.

Here are the typical eviction timelines to expect in South Carolina:

Landlord Retaliation & Harassment During Eviction

South Carolina law prohibits landlords from retaliating against tenants at any point during a lease (including during the eviction process). Retaliatory actions can lead to legal consequences and may weaken a landlord’s position in court.

Examples of landlord retaliation include:

• Raising rent after a tenant requests repairs.
• Issuing a non-renewal because a tenant reported violations.
• Reducing essential services after a tenant seeks help.

Examples of landlord harassment include:

• Entering the rental unit without proper notice.
• Threatening the tenant to pressure them to leave.
• Repeatedly contacting the tenant at unreasonable hours.

Tenants should report retaliation or harassment to the appropriate authorities and maintain detailed records of each incident. Doing so will support any complaint or legal action they may need to pursue.

Supporting law: S.C. Code Ann. § 27-40-910

Tips for Tenants Attempting to Avoid Eviction

Eviction can be highly stressful, but tenants in South Carolina can take practical steps to protect their housing and reduce conflict. The following pointers can help tenants stay calm and address problems before they escalate.

Get in your landlord’s good graces: Clear communication can help prevent minor issues from devolving into irreparable disputes. Honest, responsive tenants often resolve concerns well before eviction is even an option.

Know your rights under South Carolina landlord-tenant law: When tenants understand landlord-tenant laws, they can avoid costly mistakes that could lead to an eviction notice arriving at their doorstep.

Address issues promptly: When an issue pops up (whether unpaid rent or a lease violation), tenants should act quickly and explain how they plan to fix it. Getting ahead of the issue demonstrates responsibility and could prevent the landlord from trying to evict them.

Negotiate an alternative solution if possible: Many landlords prefer a workable plan over the stress of filing an eviction. Tenants who initiate conversations about payment plans, repair timelines, or short extensions can only help their chances.

Seek legal help when necessary: When an eviction situation becomes overwhelming, tenants should consider contacting a legal professional or housing advocate. For affordable or free legal support, reach out to South Carolina Legal Services.

Tips for Landlords Seeking to Evict Tenants

Eviction proceedings require careful attention, and South Carolina landlords must follow state law precisely. The following advice can help landlords protect their rights, reduce risk, and even avoid the eviction process altogether.

Never attempt self-help evictions: Lockouts, utility shutoffs, or the removal of belongings violate South Carolina law and can lead to serious legal trouble. Landlords should avoid any form of self-help eviction.

Know your South Carolina landlord-tenant laws: A firm grasp of the South Carolina Residential Landlord and Tenant Act will help landlords make informed decisions when dealing with undesirable tenants they wish to evict.

Consider a cash-for-keys settlement: Offering a fair cash payment in exchange for a tenant’s voluntary move-out can save time, reduce conflict, and avoid the stress of litigation. It’s often a win-win for both sides.

Serve the proper notice: Landlords who serve the correct eviction notice only help their cause. Issuing the wrong form can stall the case or lead the judge to nullify everything, so reviewing notice rules in advance is non-negotiable for savvy landlords.

Screen future tenants thoroughly: Strong tenant screening reduces the risk of renting to tenants who break the lease. Checking rental history, income, references, and criminal history will help paint a clear picture of a potential tenant.

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South Carolina Eviction Laws FAQs