South Carolina Eviction Process: Notices, Timelines, & Rules

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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