South Carolina Commercial Eviction Process & Procedures

Evicting a commercial tenant in South Carolina follows a structured legal pathway known as an Action for Ejectment, primarily governed by the South Carolina Code of Laws Title 27, Chapter 37. While commercial landlords possess wider latitude concerning lease drafting compared to residential landlords, they must still engage the court system or follow specific legal standards to regain possession of their property.

Self-Help Re-entry

In South Carolina, commercial landlords may legally use peaceful self-help to regain possession of a property—such as changing the locks—without a court order. However, this is subject to two strict requirements:

1. The commercial lease agreement must expressly reserve the right of re-entry for the landlord.
2. The re-entry must be accomplished peacefully and without a "breach of the peace" (Barbee v. Winnsboro Granite Corp., 190 S.C. 245; KBR Development, LLC v. Yansy Realty, Inc.).

If a landlord cannot regain possession peacefully or if the lease does not explicitly allow for self-help, they must proceed through the Magistrate Court to avoid liability for trespassing or business interruption damages.

Notice Requirements Before Filing

Notice requirements in South Carolina commercial tenancies are governed by both statute and the specific language of the lease agreement.

• Monetary Defaults (Non-payment of Rent): Pursuant to S.C. Code § 27-35-140, the failure to pay rent when due legally terminates the tenancy. The tenant is required to vacate "without notice" unless the written lease agreement specifically provides for a notice or cure period.
• Non-Monetary Defaults: For other lease violations (such as unapproved remodeling or violating use restrictions), the notice and cure periods are governed by the terms outlined explicitly within the commercial lease.

If the tenant fails to vacate after the tenancy is terminated by non-payment or an uncured default, the landlord may initiate formal ejectment proceedings.

The Commercial Eviction Timeline

Once a tenant's actions escalate into an uncured "Event of Default" or a statutory termination of tenancy, the landlord can initiate the ejectment process.

1. Application for Ejectment

The landlord or their attorney files an Application for Ejectment with the Magistrate's Court in the county where the commercial property is located. This filing establishes the legal grounds for eviction (e.g., failure to pay rent under S.C. Code § 27-35-140 or breach of lease terms).

2. Rule to Vacate or Show Cause

Under S.C. Code § 27-37-20, the magistrate issues a Rule to Vacate or Show Cause. The court serves this document to the commercial tenant, ordering them to either immediately vacate the premises or respond to the court within 10 days from the date of service to "show cause" as to why they should not be ejected.

3. The Hearing

If the tenant disputes the eviction and answers the Rule within the 10-day window, a hearing is scheduled before the magistrate. Commercial ejectment hearings focus on interpreting the contractual language of the lease and determining if a breach occurred that justifies possession.

4. Warrant of Ejectment

If the magistrate rules in favor of the landlord—or if the commercial tenant fails to respond to the Rule within the 10-day period—the magistrate will formally issue a Warrant of Ejectment.

5. Execution by Law Enforcement

Per S.C. Code § 27-37-160, a sheriff or constable is tasked with enforcing the Warrant of Ejectment. The officer must provide the commercial tenant with at least 24 hours' notice to vacate the premises voluntarily. After this threshold, the officers may forcibly remove the tenant and their property, allowing the landlord to regain full possession.

Distraint for Rent (Commercial Seizure)

South Carolina offers a unique remedy for landlords pursuing unpaid commercial rent called Distraint (or Distress for Rent).

Under S.C. Code § 27-39-210, a commercial landlord may apply for a distress warrant to legally seize and sell the tenant’s personal property (inventory, equipment, furniture) located on the leased premises to satisfy unpaid rent arrears. This process requires a formal affidavit and the issuance of a warrant by a magistrate before the constable executes the seizure.

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