If you own or manage a rental property in South Carolina (SC), chances are you may need to evict a tenant at some point. Whether the tenant fails to pay rent, violates the lease agreement, or another valid reason, you may find yourself having to navigate the complex South Carolina laws regarding evictions.
While it can be a daunting process, know that these laws are in place to balance the rights and responsibilities of both parties and ensure fairness on both sides.
This article explains the eviction process in SC and highlights common eviction reasons, the proper steps for filing complaints, and the nuances that may occur in court.
South Carolina Eviction Updates 2026
While there are no recent laws or changes to the eviction process, there is one bill currently sitting in court that may change things for renters in the area:
- New Bipartisan Bill Proposal: A new bill, if passed, would require the removal of any public records showing eviction filings that did not result in a court order telling the tenant to leave.
- Additionally, any cases that did result in an eviction order from a judge or were settled in court would be removed from public view after six years.
- This bill is set to begin being discussed in the House in January, 2026.
Why the potential change?
South Carolina is an area with the highest rates of eviction filings in the country, according to most recent available data from the Eviction Lab at Princeton University. In 2018, about 23 of every 100 renters had an eviction filed against them.
Reasons to Evict a Tenant in South Carolina
As a landlord, you may be wondering what the legal reasons to evict a tenant are. While it's important to try to solve issues directly with tenants as much as possible, there are several valid reasons that it's time to start a formal eviction process:
Failure to Pay Rent
If a tenant misses rent payments, a landlord may issue a five day notice for nonpayment of rent. This must be a written notice asking the tenant pay the funds or risk being evicted. If the lease or rental agreement specifies a grace period, the landlord will need to wait for when the notice period ends to begin an eviction lawsuit.
Keep in mind, tenant rights in South Carolina consider the tenant safe from eviction if they pay the requested rent amount within the five day notice window.
Lease Violations
If a tenant violates the terms in their lease agreement, they can potentially be evicted. This may include a tenant damaging a rental unit, smoking in a non-smoking area, or having unauthorized pets. Landlords must provide a 14-day notice for tenants to remedy a rental agreement violation.
If the tenant is violating the rental agreement in a way that poses an emergency or presents health and safety concerns, immediate lease termination may be required.
Illegal Activities
If a tenant engages in illegal activity on the premises or causes severe property damages, a South Carolina landlord can bypass the notice period and proceed directly with eviction. This zero-tolerance approach helps landlords maintain lawful conduct within South Carolina rental properties.
Non-Renewal of Lease
When a lease term ends, tenants are expected to vacate unless a renewal has been signed. Failure to leave can lead to eviction. Landlords must provide a 7-day or 30-day written notice to quit. The type of written notice will depend on the tenancy type.
What Does Not Qualify
Landlords cannot evict tenants for exercising legal rights, such as reporting code violations, which may lead to damages.
South Carolina Eviction Notice: Timelines
As a landlord, it's essential to serve the correct eviction notice before you can take eviction action. According to South Carolina law, a landlord cannot evict a tenant themselves. It's also illegal for landlords or property managers to force a tenant out by removing doors, cutting off utilities, or taking other harmful measures.
Filing an Eviction in South Carolina
If the tenant does not comply with the proper written notice they were served and the time has passed to comply, the landlord files an eviction in court. However, if a tenant pays all back rent and court costs before a judgment is entered, they can stop the eviction process.
1. Start Eviction Filing
After the notice period, a landlord can file for a Rule/Order to Show Cause to evict a tenant. The filing fee is $40 for the Rule to Show Cause and an extra $10 for a Writ of Ejectment. The landlord must file all the forms properly for a successful eviction.
- Find the justice court that has jurisdiction over the rental property. This can be done by looking up the property's address on the South Carolina Judicial Department website.
- Complete a Rule to Show Cause form and file it with the justice court. The form can be found on the South Carolina Judicial Department website.
- Pay the filing fee, which is currently $40. The filing fee can be paid in person at the justice court or by mail.
2. Serve Tenant with The Court Summons
To proceed with an eviction, the tenant must be formally served with the Summons and accompanying paperwork. A landlord is not able to deliver the Summons. A court Summons is typically served by a deputy sheriff or county officials associated with the court.
3. Tenant Files a Response
The tenant must file a response to the Rule to Show Cause within 10 days after they receive it and the Summons if they want to fight the eviction. The landlord and the tenant have the right to demand a trial by jury if they choose. This could significantly delay the eviction process if either party files a request for a trial by jury.
4. Default Judgment
A landlord must have a strong argument backed by solid evidence against their tenant if they want to win. If the tenant does not respond within 10 days, the judge or magistrate court official will issue a warrant of ejectment, empowering a constable or sheriff to remove the tenant from the property.
5. Court Hearing or Jury Trial
If the tenant contests the eviction, a hearing date is scheduled, where either party can request a jury or proceed with a traditional trial hearing before a judge. If the tenant does not appear in court on the scheduled day of the hearing, the judge will likely issue a default judgment.
6. Writ of Ejectment
Depending on the trial's outcome, a magistrate may issue a writ of ejectment, which is a court order forcing a tenant to leave the rental premises by a certain date. If the judge rules in favor of the tenant, the tenant remains until either another eviction is pursued or their lease term ends.
Can Tenants Appeal an Eviction?
Tenants can appeal an eviction decision within 30 days, but must typically post a bond and continue paying rent during the appeal.
Continuation of Rent
It's important to note that in South Carolina, even after eviction proceedings start, the tenant must continue to pay rent until they vacate the property.
Gaining Possession: Post-South Carolina Eviction Process
When the entire eviction process is done and if the landlord wins, the next step of the process is to regain possession of the rental property so that both the landlord and tenant can move forward. This involves one further court action. Here are the steps involved:
1. Obtaining the Writ of Ejectment
After a favorable judgment, assuming no appeals are made, a South Carolina landlord can proceed with a Writ of Ejectment from the court. This order notifies the tenant that they have a limited time to leave the property voluntarily or face forced removal. The court issues this writ within five days following the landlord's court victory.
2. Removing the Tenant
After the writ, the tenant is given 24 hours to leave the property. This includes removing the tenant's belongings. If the tenant does not vacate the property within the allotted time frame, law enforcement will forcibly remove them. In South Carolina state law, enforcement of the Writ must only be carried out by authorized law enforcement officers.
South Carolina Eviction Process Timeline
The entire eviction process in South Carolina can take between 30 to 90 days, depending on the complexity of the case and the court's schedule. Additionally, the court hearing for an eviction case is typically scheduled 10 to 30 days after the landlord files the eviction lawsuit.
Eviction Steps | Eviction Timeline |
Serving Official Notice (from Landlord) | 5 - 30 days |
Issuance and Service of Summons and Complaint (from Court) | Within 120 days |
Court Hearing and Judgement | 10 days |
Issuance of Writ of Execution | 5 days |
Return of Rental Unit | 24 hours |
Wrongful Eviction Repercussions
In South Carolina, tenant law states that if a tenant is wrongfully evicted, they have the right to sue for damages. To avoid being sued by your renter, it is important to follow the law (Federal, State, and Local) and the lease terms.
Presenting Evidence in Eviction Cases
To win an eviction hearing, you must show the court that your eviction filing is justified and that the evidence supports your claims. Here are the things you need to be aware of when preparing to present evidence in an eviction case.
Record-Keeping Best Practices
Prepare for the eviction process ahead of time by keeping records of your lease agreements, rent payments, eviction notices, and any important screenshots or tenant files. As a property manager or landlord, the more records you keep, the better your chances of winning in court.
- Maintain organized files and store them in several digital places, such as a cloud drive and hard drive for safe-keeping
- Use digital scanners to store and organize relevant physical documents
- Utilize cloud storage platforms for backups and easy retrieval, such as a property management software
Proving Rent Non-Payment
To demonstrate unpaid rent to the court, include your lease or rental agreement outlining your specific payment terms and late penalties. You'll also want to show a record of all payments, full payment history, and any failed payment attempts. Provide evidence of bounced checks or bank charges, payment reminders, and other relevant documentation.
Documenting Lease Violations
If you need to show proof of a rental agreement violation, such as noise, unauthorized pets, or damage, consider these tips:
- Use surveillance footage to show violations (when and where permitted by law)
- Provide photos and videos of damages or unauthorized changes to the property
- Present clear images, which can be more impactful than videos in some cases
Tips on Avoiding Evictions
The eviction process can be timely, expensive, and stressful for landlords and property managers. The best ways to prevent an eviction are by properly and thoroughly screening tenants ahead of time and presenting tenants with a clearly written lease or rental agreement.
Having terms set before tenants move in and ruling out red flag tenants can help ensure the entire process is smooth—with fewer reasons to open an eviction lawsuit.
What is Willful Abandonment?
Occasionally, a South Carolina landlord or property manager may encounter a rental unit that appears to be an abandoned property. This is considered willful abandonment. In order to legally "evict" the tenant and find a new one, you'll need to follow specific steps:
- Serve a Written Eviction Notice: If the property is abandoned for 15 days or more, and no one can be found on the premises, the rule of eviction can be served by posting it on a noticeable part of the property. This applies to residential and nonresidential rentals as specified in their respective sections of the South Carolina Code (S.C. Code Ann. "§§ 27-40-730. Remedies for absence, nonuse, and abandonment").
- Handling Abandoned Property: The landlord can dispose of the property for items left behind with an estimated value of $500 or less. If the value exceeds $500, the property must be handled according to specific legal provisions (S.C. Code Ann. §§ 27-37-10 to 27-37-150).
Tackle the Eviction Process with TenantCloud
While navigating South Carolina laws can be a challenge, know that you're not alone. As long as you keep secure records of your lease agreement, rent payments, and document any issues or violations, you should have a fair and quick trial should you ever have to legally evict a tenant.
When it comes to keeping records of your rental units, spreadsheets just don't cut it. With TenantCloud's property management software, you can easily have payment records, tenant details, and messaging history at the touch of a button. So you can get more work done without having to manually log everything.
Try a free 14-day trial of TenantCloud to start managing rentals like a pro.
Frequently Asked Questions:
What is the eviction notice period for nonpayment of rent in South Carolina?
In South Carolina, tenants are given a 5-day notice period to pay the rent or face eviction proceedings.
Can a landlord evict a tenant for lease violations without notice?
Tenants must be given a 14-day notice to correct a lease violation before a landlord can initiate eviction proceedings, except in emergency situations.
Are landlords required to provide a reason for not renewing a lease?
No, landlords in South Carolina do not have to provide a reason for not renewing a lease as long as they give proper notice based on the type of tenancy.
What are the legal grounds for a landlord to enter a rental unit?
Landlords can enter a rental unit to inspect the premises, make necessary repairs, or show the property to prospective tenants or buyers, provided they give a 24-hour notice.
How much can a landlord charge for a returned check in South Carolina?
South Carolina law allows landlords to charge up to $30 for a returned check.
Can a tenant withhold rent if the landlord fails to provide essential services?
Yes, tenants may withhold rent if essential services like water and heat are not provided.
What happens if a landlord wrongfully withholds a security deposit?
A tenant may be entitled to get their original deposit back, up to three times the deposit amount, plus reasonable attorney's fees if a landlord wrongfully withholds a security deposit.
Is there a rent control law in South Carolina?
South Carolina does not have a rent control law, meaning there is no state-mandated limit for the rent a landlord can charge.
