South Carolina Commercial Eviction Process & Procedures
A landlord's overview of the commercial eviction process in South Carolina, including magistrate court filings, notice periods, and self-help prohibitions.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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:
- The commercial lease agreement must expressly reserve the right of re-entry for the landlord.
- 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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Frequently Asked Questions
▶What are the South Carolina landlord-tenant laws every property owner should know?
The South Carolina Residential Landlord and Tenant Act (SCRLTA) strictly governs the relationship between landlords and tenants in the state. South Carolina is generally considered a landlord-friendly state due to its lack of rent control, flexible late fee regulations, and relatively straightforward eviction process. However, landlords must meticulously follow notice requirements and maintain properties to legal habitability standards. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the South Carolina eviction process and how long does it take?
The South Carolina eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in South Carolina. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the South Carolina security deposit rules and return deadlines?
South Carolina has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the South Carolina rent increase laws and caps for landlords?
South Carolina has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether South Carolina has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in South Carolina?
South Carolina has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check South Carolina state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must South Carolina landlords provide to tenants?
South Carolina landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the South Carolina lease requirements for rental properties?
South Carolina recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under South Carolina law.
Read the complete guide▶What are South Carolina landlord maintenance obligations and habitability standards?
South Carolina landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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