Facing eviction is stressful. Whether you are a tenant who just got a notice or a landlord trying to follow the rules, the stakes are high. One wrong move can cost you money, time, and a lot of headaches.
This guide breaks down South Carolina eviction laws in plain English. You will learn what landlords can and cannot do, what rights tenants have, and exactly what happens in court.
What Is an Eviction in South Carolina?
An eviction is the legal process a landlord uses to remove a tenant from a rental property. In South Carolina, this process is officially called an “ejectment.” It goes through Magistrate Court.
Here is the key thing to know. A landlord cannot just kick you out. They cannot change the locks. They cannot cut off your power or water. The law requires them to follow specific steps, in a specific order. Skipping those steps can get the case thrown out.
South Carolina eviction law is found mainly in two places. The South Carolina Residential Landlord and Tenant Act is at S.C. Code section 27-40. The ejectment rules are at S.C. Code section 27-37. Both matter a lot.
Why South Carolina Eviction Rates Are So High
Okay, this part is important. South Carolina has one of the highest eviction rates in the entire country. According to data from the Eviction Lab at Princeton University, about 23 out of every 100 renters in the state had an eviction filed against them in a single year. That is a huge number.
Since March 2020, South Carolina has seen over 600,000 eviction filings. That means this affects a lot of real families. Understanding how this process works is not just useful. It is necessary.
Legal Reasons a Landlord Can Evict You
Wondering if your landlord actually has the right to evict you? Not just any reason qualifies. South Carolina law requires a landlord to have a legitimate reason, often called “just cause.”
The most common legal reasons include not paying rent, breaking the rules in your lease, causing serious property damage, or engaging in illegal activity on the property. A landlord can also evict you when a lease term ends and they choose not to renew it. If you are on a month-to-month lease, they must give you 30 days’ written notice first.
For week-to-week tenants, the required notice is shorter. Landlords must give 7 days’ written notice before ending a week-to-week tenancy.
Basic Eviction Notice Rules
This is where a lot of people get confused. Let me break it down.
Nonpayment of Rent
If you miss rent, your landlord must give you a 5-day written notice. That notice gives you a chance to pay the full amount and stop the eviction. If you pay everything owed within those 5 days, the eviction stops. Pretty straightforward.
There is one exception. If your lease contains specific bold language saying nonpayment itself serves as legal notice, your landlord may be able to skip the separate written notice and go straight to court. This is allowed under S.C. Code section 27-37-10(B). Check your lease carefully for this language.
Lease Violations
Did you let an unauthorized person move in? Have a pet that violates the lease? Smoke in a no-smoking unit? Those are lease violations. Your landlord must give you a 14-day notice to fix the problem. If you fix it within 14 days, the eviction stops.
If the violation is serious enough to threaten health or safety, your landlord may not have to wait. They can move faster in emergency situations.
Illegal Activity
Hold on, this part is important. If you commit illegal acts on the property, your landlord does not have to give you any notice at all. They can go straight to court and file for eviction immediately. This zero-tolerance rule exists to protect other tenants and the property itself.
The Step-by-Step Eviction Process
So what actually happens after a landlord decides to evict? Here is the full process from start to finish.
Step 1: The landlord gives proper notice.
This is the first legal requirement. The notice must be in writing and served correctly. If the landlord skips this step, the case can be dismissed in court.
Step 2: The landlord files in Magistrate Court.
If you do not comply with the notice, the landlord files an Application for Ejectment. This is the formal court complaint. The filing fee is usually around $40 to $75, depending on the county. The landlord also pays an extra $10 for a Writ of Ejectment if they win.
Step 3: You get served with paperwork.
A constable or deputy sheriff will try to deliver the court papers to you in person. They must make at least two attempts. If both fail, they will mail a copy to you. You have 10 days to respond after being served.
Step 4: The hearing.
The court schedules a hearing, usually within 7 to 14 days. Both you and the landlord show up and present your side. This is your chance to share evidence, receipts, photos, or anything else relevant.
Step 5: The judge decides.
If the judge rules in your favor, you are not evicted. If the judge rules for the landlord, a Writ of Ejectment is issued.
Step 6: You have 24 hours to leave.
Once you receive the Writ of Ejectment, you have 24 hours to vacate. If you do not leave, law enforcement will physically remove you and your belongings.
Most South Carolina evictions take about 3 to 6 weeks total. Contested cases can stretch 30 to 90 days or more.
What Landlords Are Absolutely Forbidden to Do
This is probably the most important section for tenants. Read this carefully.
South Carolina law strictly prohibits “self-help evictions.” That means your landlord cannot legally change your locks, remove your doors, shut off your electricity or water, or remove your belongings without a court order.
Not sure what counts as illegal? If your landlord locks you out without going through court, that is illegal. If they cut off your heat in winter to force you out, that is illegal. If they remove your front door, that is illegal.
The penalty for doing this is serious. You can sue the landlord and potentially recover three months of rent or twice your actual damages, whichever is greater. You can also recover attorney’s fees under S.C. Code section 27-40-660. Think of it like a landlord committing trespassing in reverse. The law does not look kindly on it.
Can You Stop an Eviction Once It Starts?
Yes, actually. You have more options than you might think.
If your eviction is for nonpayment of rent, you can stop the process by paying all overdue rent and court costs before a judgment is entered. The case can be dismissed. This is called the “pay and stay” option.
You can also appeal a magistrate’s decision to Circuit Court. But here is the catch. You must file the appeal before the Writ of Ejectment is executed. Once the sheriff removes you, there is no way to reverse it. You must also post a bond covering the judgment amount, court costs, and ongoing rent to stay in the home during the appeal.
Retaliation Is Illegal
A friend asked me about this recently. Turns out, a lot of tenants do not know this rule exists.
If you complain about unsafe living conditions, report code violations, or exercise any legal right as a tenant, your landlord cannot evict you in response. That is called retaliatory eviction, and it is prohibited under S.C. Code section 27-40-910.
If a landlord retaliates against you, they cannot recover possession of the property for 75 days. You may also be entitled to up to three months of rent or three times your actual damages, plus attorney’s fees. Honestly, this law exists for a good reason.
Security Deposits and What You Need to Know
The eviction process often involves security deposits too. South Carolina does not cap how much a landlord can charge for a deposit. However, they must return it within 30 days of you moving out. They must also give you an itemized list of any deductions.
If your landlord wrongfully keeps your deposit, you could be owed up to three times the amount withheld, plus attorney’s fees. Normal wear and tear on the unit cannot be deducted. Actual damage beyond normal use can be.
The 2026 Eviction Record Updates
Wait, it gets more interesting. There are new developments in 2026 worth knowing about.
Several legislative proposals are moving through the South Carolina General Assembly right now. One bill would require the removal of public eviction records if the case did not result in a court order against the tenant. Another proposal would allow tenants to apply for expungement of eviction records after five years with no new evictions.
Additionally, a 2026 law now allows landlords at campgrounds and lodging accommodations to demand removal after a verbal warning. These changes show that the law is still evolving.
How to Respond If You Receive an Eviction Notice
You got a notice. Do not panic. Here is what you should do right now.
Read it carefully. What does it say the reason is? What is the deadline? If it is for nonpayment of rent, do you have the money to pay? If so, pay it within the notice period and get a receipt. If it is for a lease violation, can you fix the issue within 14 days? If you can, fix it and document everything.
If the case goes to court, always request a hearing. Even if you plan to move out. Not requesting a hearing can result in an automatic default judgment against you. That goes on your record.
South Carolina Legal Services offers free legal help to qualifying residents. You can apply for help at lawhelp.org/sc or by calling 1-888-346-5592. Do not try to navigate court alone if you can avoid it.
Frequently Asked Questions
How long does the eviction process take in South Carolina?
Most uncontested evictions take 3 to 6 weeks from notice to removal. Contested cases can take 30 to 90 days or longer depending on court schedules.
Can my landlord evict me without notice?
Only in cases of illegal activity on the property. For nonpayment of rent or lease violations, your landlord is generally required to give written notice first before filing in court.
What happens to my belongings after an eviction?
Your belongings may be placed on the public street. The county or municipality must remove them after 48 hours. If the landlord stores abandoned property worth more than $500, they must follow specific legal procedures to dispose of it.
Can I be evicted for complaining about my apartment’s condition?
No. Retaliatory eviction is illegal in South Carolina. If you complained about unsafe conditions and your landlord tries to evict you as a result, you have legal protections and may be entitled to damages.
What is the filing fee for an eviction in South Carolina?
The landlord pays around $40 to $75 to file in Magistrate Court, depending on the county. There is an additional $10 fee for the Writ of Ejectment if the landlord wins the case.
Final Thoughts
Now you know how South Carolina eviction law actually works. Whether you are a tenant defending your home or a landlord navigating this process, the rules are strict and both sides have real rights.
The most important things to remember: always respond to notices, always request a court hearing, and never try to skip the legal process. The courts take these rules seriously.
When in doubt, look up the law or talk to a lawyer. South Carolina Legal Services can help tenants who qualify. And remember, you always have the right to present your side in court.
Stay informed, know your rights, and act quickly when it matters.
References
- S.C. Code Ann. Title 27, Chapter 37 – Ejectment of Tenants: https://www.scstatehouse.gov/code/t27c037.php
- S.C. Code Ann. Title 27, Chapter 40 – Residential Landlord and Tenant Act: https://www.scstatehouse.gov/code/t27c040.php
- South Carolina Legal Services – Eviction Guide: https://sclegal.org/eviction-in-south-carolina/
- South Carolina Judicial Department – Eviction Process: https://www.sccourts.org/selfhelp/summaryCourt/evictionProcess.cfm
- Eviction Lab at Princeton University – South Carolina Data: https://evictionlab.org/rankings/#/evictions?r=United%20States&a=1&d=14&lang=en
