South Carolina Eviction Laws

Eviction Laws

Reasons for Eviction in South Carolina

  • Nonpayment of rent
  • Violation of lease terms
  • Failure to maintain premises in a healthy and safe manner
  • Illegal activity
  • End of lease term

Notice to Vacate

Landlords must provide a 30-day notice to vacate at the end of the lease term.

However, no notice is required if the landlord is filing for eviction due to illegal activity.

Notice to Comply

Landlords must deliver:

  • A five-day notice for nonpayment of rent. However, if the lease terms clearly state when rent is considered late, landlords do not have to complete this step.
  • A 14-day notice to comply for unsafe or unhealthy conditions.
  • A 14-day notice to comply for a violation of lease terms. However, the lease cannot be terminated if the tenant has begun remedying the violations but hasn’t finished.

Serving the Tenant

There are different requirements depending on what you’re serving:

  • Notices to comply or vacate must either be served to the tenant in person or by mailing the documents via registered/certified mail to the tenant(s).
  • The Summons and Complaint must be served by the Sheriff.

Tenant Possessions

You’re responsible for moving all abandoned property to the curb and leaving it out for 48 hours. After that time period, the belongings may be disposed of in the trash.

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Eviction Timeline

Below you’ll learn the average timeline for a complete eviction in South Carolina. This projected timeline could change based on the complexities of your specific case.

Typically, it takes anywhere between 120-136 days for the South Carolina eviction process.

How to Start the Eviction Process in South Carolina?

File your Notice to comply/vacate. After the appropriate period, file eviction action in the court where the tenant resides. The Court will issue an order to show cause, which will need to be served to the tenant by a Sheriff. This notice will require them to either leave the premises or request a hearing.

If you prevail at a hearing, a writ of ejectment is issued within five days. This writ must be served or posted on the premises. The tenant then has 24 hours to vacate the premises voluntarily. If the tenant hasn’t vacated after 24 hours, the Sheriff may enter the premises and escort the tenants out by force.

How to Stop the Eviction Process in South Carolina?

File a motion to dismiss.

How Long is the Eviction Process in South Carolina?

The South Carolina eviction process typically takes 120-136 days.

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