South Carolina Eviction Process: Notices, Timelines, & Rules
Understand the eviction process for landlords in South Carolina, including the 5-day pay or quit notice, court proceedings, and timeline for lawful ejectment.
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 tenant, legally known in South Carolina as an Action for Ejectment, requires strict adherence to the timelines laid out in the South Carolina Residential Landlord and Tenant Act (SCRLTA), which became effective in 1986. Navigating this procedure improperly can delay the eviction and leave the landlord subject to penalties.
Self-Help Evictions are Illegal
Landlords in South Carolina are explicitly prohibited from partaking in any form of "self-help" eviction. You may not forcibly remove the tenant by:
- Turning off or interrupting essential utility services (water, power, heat).
- Changing the locks or removing doors.
- Confiscating the tenant's personal property without a court order.
Attempting a self-help eviction exposes the landlord to liability under S.C. Code § 27-40-660, where the tenant can recover an amount equal to three months' periodic rent or twice the actual damages sustained by them, whichever is greater, and reasonable attorney's fees.
Notice Requirements
1. Non-Payment of Rent (5-Day Notice)
If a tenant fails to pay rent when due, a landlord must provide a 5-Day Notice to Pay or Quit. If the tenant pays the overdue amount within this 5-day window, the eviction process must be stopped entirely.
Important Best Practice: In South Carolina, landlords can insert a specific provision directly into the lease agreement serving as a waiver of written notice. If the lease explicitly states that no separate 5-day notice is required for late rent, then the landlord can file for eviction instantly on the 6th day.
2. Violations of the Lease (14-Day Notice)
For non-compliance with the rental agreement (e.g., harboring a pet against the rules, causing a nuisance) or failure to maintain the property according to health codes, the landlord must distribute a 14-Day Notice to Comply or Quit.
This notice grants the tenant 14 days to remedy the violation. If they fix the issue, the lease remains intact. If the breach cannot adequately be repaired or is repeated, the landlord can then proceed to file for eviction.
3. Holdover Tenancy/End of Lease
If the lease naturally expires and the tenant refuses to leave, or if it is a month-to-month lease, landlords do not need a specific "cause" to terminate the relationship. However, they must provide reasonable notice.
- Month-to-Month: 30 days' written notice to vacate.
- Week-to-Week: 7 days' written notice to vacate.
The Court Process
If a tenant doesn't heed the notice to quit or pay rent within the designated grace period, the landlord can initiate a formal action.
Step 1: Filing the Action
The landlord files an Application for Ejectment with the local Magistrate's Court encompassing the jurisdiction where the rental property is located.
Step 2: Rule to Show Cause
Once filed, the Magistrate issues a Rule to Show Cause. This document directs the tenant to explain to the court (show cause) why they should not be evicted from the premises.
Step 3: Serving the Tenant
The Rule to Show Cause and the eviction complaint must be properly served to the tenant. The tenant is typically granted 10 days from the date they receive the ruling to answer the court. If they request a hearing by answering, a court date is scheduled.
Step 4: The Hearing
If a hearing is requested, both the landlord and tenant present their arguments and evidence. Landlords must arrive to court with a copy of the lease agreement, a ledger of missed payments, a copy of the appropriate notices provided, and evidence demonstrating a breach of contract.
The Writ of Ejectment
If the magistrate rules in favor of the landlord—or if the tenant never answers the Rule to Show Cause—the court issues a Writ of Ejectment.
After the Writ of Ejectment is issued, a sheriff or constable will post a 24-hour notice on the property. After 24 hours have passed, the constable will physically execute the writ, removing the tenant and their possessions from the premises.
Handling Abandoned Property
If a tenant leaves property behind after an eviction is successfully executed, the landlord may have the tenant's property removed from the premises and placed on the public street or highway nearest the property. According to S.C. Code § 27-40-710(D), after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, the municipality shall remove the property. The landlord cannot throw away the items themselves immediately after the constable changes the locks.
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Frequently Asked Questions
▶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.
▶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 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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