South Carolina Eviction Process [2025]

Eviction In South Carolina

Eviction is the legal process used to remove a tenant from a rental property—formally known as “forcible entry and detainer” or “unlawful detainer.” While it may feel like a business decision, eviction is fundamentally a legal action, governed by a detailed framework of laws aimed at protecting public health, ensuring fairness, and preventing unsafe or inequitable housing conditions. Eviction in South Carolina is no different.

Because of these protections, landlords cannot simply force a tenant out without a court order or due process. Doing so would violate tenant rights and is illegal. Instead, the law requires landlords to follow a formal eviction process, which involves meeting specific legal standards at each stage.

Still, landlords do have rights. When a tenant violates their lease—through nonpayment of rent, property damage, or other breaches—eviction becomes not only a right, but often a necessary step to protect the property and uphold lease terms.

However, eviction laws are not one-size-fits-all. The rules, timelines, and procedures can vary widely by state—and sometimes even by the county. If you own and manage rental properties in South Carolina, it’s essential to understand and follow the state-specific eviction process. It’s also critical to contact a real estate lawyer with specific legal questions about the eviction process.

In this article, we’ll walk you through each step of South Carolina’s legal eviction procedures. Having a clear understanding of local requirements helps you navigate the process effectively—and keeps your rental operations legally compliant and protected.

Disclaimer: Innago does not provide legal advice. The content and material provided in this article are for general informational purposes only and may not be the most up-to-date information. South Carolina’s eviction laws can be found at SC Stat. § 27-40 and § 27-37.

Reasons for Eviction in South Carolina

According to South Carolina law, tenants can be evicted for failing to pay rent, violating the rental agreement, violating a building or housing code by lack of reasonable care, or engaging in illegal activity on the premises. Landlords can also pursue eviction if required maintenance required under a building/housing code would effectively deprive the tenant of use of the dwelling unit because of extensive alteration, remodeling, or demolition (SC Stat. § 27-40-910(a-c)). 

1. Failing to pay rent

One of the most common reasons tenants get evicted is simply not paying rent. If a renter falls behind, and the landlord is complying with any rent control laws that apply, that landlord has the right to start the eviction process.

South Carolina law provides tenants with a five-day grace period after the rent due date to pay the outstanding amount. During this period, a tenant can make the full payment without the risk of eviction. In some cases, the lease or rental agreement may specify a longer grace period, so it’s important to review those terms before proceeding.

If the lease states that no additional notice is required, a landlord may immediately initiate an eviction action once the five-day period has passed. However, if the lease does require written notice, the landlord must serve the tenant with a 5-Day Notice to Pay Rent. This notice informs the tenant that they have five days to either pay the rent in full or vacate the property to avoid further legal action.

Should the tenant pay the total amount due within those five days, the eviction process must stop, and the tenant may remain in the rental unit. 

Understanding and following these steps ensures compliance with South Carolina law and helps protect your interests as a landlord.

2. Violating the rental agreement

Lease agreements can vary from tenant to tenant, but once signed, both landlords and tenants are legally obligated to follow the terms at all times.

In South Carolina, if a tenant violates the lease, landlords have the right to begin the eviction process. The first step is providing the tenant with a 14-Day Notice to Comply, which gives them 14 days to correct the issue.

Common lease violations may include:

• Causing damage to the rental unit
• Smoking in prohibited areas
• Violating health or safety standards
• Exceeding occupancy limits
• Keeping unauthorized pets in no-pet property

If the violation poses a health or safety concern and the tenant begins addressing the issue within the 14-day period but can’t fully resolve it in that timeframe, they must be given a reasonable amount of additional time to complete the correction.

However, if the violation creates an emergency—such as a major safety hazard—it must be resolved immediately.

3. Engaging in illegal activity on the premises

If a tenant engages in illegal activity on the rental property, South Carolina law allows for an expedited eviction process in many cases. Landlords may be permitted to skip the notice period and move straight to filing for eviction. This streamlined process helps protect the safety of the property and other residents and allows landlords to address violations swiftly and in accordance with the law.

4. Holding over

In South Carolina, evictions aren’t something you can just initiate on a whim—you need a valid reason. As long as a tenant is playing by the rules and hasn’t violated the lease, they have the right to remain in the unit until the rental term officially ends.

That said, once the lease term is up, it’s a different story. If a tenant stays past the end of their lease without arranging a renewal or extension, they’re now overstaying—technically referred to as a “holdover tenant.” At that point, you’re within your rights to begin the eviction process.

To move forward, you’ll need to serve the appropriate notice to quit, based on the lease type. Typically, this will be either a 7-Day Notice to Quit or a 30-Day Notice to Quit, depending on the nature of the tenancy. These notices are your formal way of ending the lease and setting the clock in motion.

If the tenant remains in the property beyond the notice period, you can proceed by filing for eviction in court—this kicks off the official legal process to regain possession of the unit.

Additional Reading:  South Carolina Landlord Tenant Laws [2025]

Step-by-Step Eviction Process in South Carolina 

1. Landlord serves a zero- to 14-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets 24 hours to move out.
7. Sheriff returns to forcibly remove the tenant.

1. Landlord Serves a Zero- to 14-Day Eviction Notice 

The first step in the South Carolina eviction process is sending a formal eviction notice. If any of the above lease violations occur, the landlord must first serve a South Carolina eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. South Carolina state laws designate three possible eviction notices a landlord may send: 

• Rent Demand Notice: 5 days to pay or quit. If rent is unpaid when due, South Carolina landlords must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than five days after receipt of the notice) (SC Stat. § 27-40-710(B)). 
• Lease Violation Notice: 14 days to cure or quit. If a tenant violates a lease term or fails to maintain the unit in a way that materially affects health and safety as per § 27-40-540, the landlord must deliver this notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than fourteen days after receipt of the notice) (SC Stat. § 27-40-710(A)). 
• Unconditional Notice to Quit: Immediate. If a tenant participates in illegal activity on the premises, the landlord may issue an unconditional notice to quit and begin the eviction process immediately (SC Stat. § 27-40-710(B)). 

For all evictions, the landlord may recover actual damages and obtain injunctive relief, judgments, and possession in magistrate’s or circuit court. However, the landlord is only entitled to reasonable attorney’s fees when the tenant’s noncompliance is willful or not in good faith (provided the landlord is represented by an attorney) (SC Stat. § 27-40-710(C)). 

Note on retaliatory evictions: In South Carolina, as in all states, landlords are strictly forbidden from pursuing eviction in retaliation against the tenant for using their rights. If a landlord in South Carolina retaliates in any way, they may not recover possession for 75 days or increase rent more than fair-market value. According to South Carolina eviction laws, landlords who act in retaliation are also liable for damages up to three month’s rent or three times the actual damages sustained by the tenant, plus reasonable attorney’s fees (SC Stat. § 27-40-910(g, h)). 

2. Landlord Files an Eviction Lawsuit with the Court 

The next step in the South Carolina eviction process is filing a complaint with the court. If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file an eviction lawsuit, also called an Application for Ejectment (downloadable here) in either the South Carolina Circuit or Magistrate Court (these courts have concurrent jurisdiction over landlord-tenant disputes) (SC Stat. § 27-40-130(a)). 

The magistrate complaint form includes the following: 

• The county and civil case number 
• The names of the landlord(s) and tenant(s) 
• Address and description of the rental premises 
• An attached copy of the lease 
• The grounds or reason for the ejectment  
• The date with the landlord’s signature 
• The signature of the Magistrate or Notary Public for South Carolina 

The landlord will also be required to pay a filing fee. In magistrate court, this fee is $45. Additionally, South Carolina state law imposes a mandatory fee of $25 on all cases filed in magistrate court (SC Stat. § 22-3-340).

3. Court Serves Tenant a Summons 

After the landlord files a claim, the court will issue a summons to be served to the tenant. In South Carolina, the summons is called a Rule to Vacate or Show Cause (downloadable here). The Rule includes: 

• The county and case number 
• The names of the landlord(s) and tenant(s) 
• The reason for the eviction 
• A statement that the tenant is required to contact the Magistrate within ten days to schedule a hearing and show cause why they should not be evicted 
• A warning that failure to respond within the ten-day period may result in a default judgment in the landlord’s favor 

The Rule must be served by the sheriff, their deputy, or another person at least 18 years old who is not a party in the case (SC Rules of Civil Procedure, Rule 4). The cost to have the court/sheriff serve the document is $10. Whenever possible, the Rule and the Action for Ejectment should be served via personal service to the tenant. If personal delivery is not possible after the server has tried two separate times (48 hours apart and at least two different times of the day), the documents may also be: 

• Given to a person of suitable age and discretion who lives at the rental unit. 
• If no other person can be found and the unit appears abandoned for at least 15 days, posted to a conspicuous part of the premises. 
• If personal delivery is unsuccessful twice, by posting it to the unit and mailing a copy (SC Stat. § 27-37-30). 

The tenant must appear and show cause why they shouldn’t be evicted to avoid being removed from the rental unit. If they do not, the landlord will automatically win, and the court will issue a warrant of ejectment (SC Stat. § 27-40-790(c)). 

4. Tenant Files an Answer 

As mentioned above, tenants in South Carolina are required to submit a response to the summons, called an Answer to the Rule. Tenants must contact the court to submit their answer and set a hearing date within ten days of receiving the summons (SC Stat. § 27-40-910(f)). After the answer has been filed, the court will set a date for the hearing as soon as is feasibly possible. 

If the tenant chooses to raise defenses or counterclaims, they must pay the landlord all rent that becomes due. The landlord is required to issue written receipts for each payment. In lieu of this requirement, the tenant may also be allowed to submit to the court a receipt and cancelled check or both to show that payment has already been made to the landlord (SC Stat. § 27-40-790(a-b)). 

Either party may demand trial by jury, in which case a jury will be summoned as in any other civil case (SC Stat. § 27-37-80). 

5. Landlord and Tenant Attend Court Hearing and Receive Judgment 

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor, the court will issue a Writ of Ejectment (downloadable here), which authorizes the sheriff, deputy, or constable of the county to remove the tenant from the rental unit (SC Stat. § 27-40-790(c)). The Writ of Ejectment must be issued within five days (SC Stat. § 27-37-100). 

The tenant may choose to appeal the case to the circuit court. If they do, the execution of the judgment may be stayed, as long as the tenant signs an undertaking that they will pay to the landlord the amount of rent that becomes due periodically. Then, any magistrate, clerk, or circuit court judge will order a stay of execution, or a delay of the tenant’s removal, until the appeal is decided (SC Stat. § 27-40-800). 

6. Tenant Gets 24 Hours to Move Out

Once the constable or deputy sheriff receives the Writ of Ejectment, they will serve a copy to the tenant and give them 24 hours to voluntarily vacate. This final notice period is the tenant’s last chance to move out of the rental unit. Note that the landlord will need pay another $10 fee to have the sheriff serve the writ. 

7. Sheriff Returns to Forcibly Remove the Tenant

If the tenant does not move out of the unit within 24 hours, the officer will return to forcibly enter and remove the tenant by the least destructive means possible. If the tenant is an ill or elderly person, the officer can use their discretion to grant a delay in the dispossession of the tenant (SC Stat. § 27-37-160). 

Storage Rules

After a tenant is evicted, any personal property they leave behind must be stored for at least 48 hours. During this 48-hour storage period, the tenant’s belongings can be placed on a public street or highway. After the belongings have sat for 48 hours (excluding Saturdays, Sundays, and holidays), the appropriate municipal or county officials should remove and dispose of it. 

However, if the premises is located in a municipality or county that doesn’t collect trash/debris from public highways, the landlord should store the belongings at the rental unit instead and dispose of it themselves after 48 hours. The original eviction notice must clearly inform the tenant of these disposal procedures (SC Stat. § 27-40-710(D)). 

Evicting a Squatter in South Carolina 

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In South Carolina, squatters must have lived in the property and have color of title for ten continuous years to invoke South Carolina squatters rights and claim right of possession (SC Stat. § 15-67-210). Their possession must also be: 

• Hostile/Adverse—The squatter must not have a valid lease with the owner 
• Actual—The squatter must be actively residing on the property 
• Open and Notorious—The squatter is openly and obviously living there. 
• Exclusive—The squatter does not share possession of the property with anyone else.  
• Continuous—The squatter must hold continuous and uninterrupted possession. 

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in South Carolina to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in South Carolina, you should: 

1. Call local law enforcement. 
2. Determine whether the person is a trespasser or a squatter. 
3. If the person is a trespasser, they can be removed immediately by a police officer. 
4. If the person is a squatter, you must contact the sheriff’s office. 
5. Send the squatter an eviction notice as per South Carolina eviction law. 
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process. 
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer. 

Additional Reading: South Carolina Squatter’s Rights and Adverse Possession Laws [2025]

How Much Does an Eviction Cost in South Carolina? 

This chart shows estimates of the approximate cost of an eviction in South Carolina, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress. 

How Long Does an Eviction Take in South Carolina? 

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.  

Eviction Tips for Landlords

While evictions are sometimes unavoidable, many situations can be managed early on with the right approach. Here are some proven strategies to help you reduce the likelihood of having to pursue eviction:

• Start with solid screening. Thoroughly vet applications by checking income, credit history, criminal background, and prior evictions. A careful screening process sets the foundation for stable tenancy.
• Use clear, plain-language leases. A well-drafted lease—free of legal jargon and full of specific, easy-to-understand terms—helps tenants know exactly what’s expected and what counts as a violation.
• Stay proactive with inspections. Routine property checks let you catch issues or lease breaches early, before they escalate into bigger problems.
• Build in a short grace period. Life happens—even to your most reliable tenants. Allowing a few extra days for rent can help smooth over temporary delays without jumping straight to legal action.
• Encourage open communication. When tenants feel comfortable reaching out about changes—like a job transition or unexpected expense—you’re in a better position to collaborate on a solution that works for both sides. When a good landlord-tenant relationship is in place, better outcomes are more likely.
• Keep to conversation going. If a tenant falls behind, don’t rush to court. A direct conversation may reveal an underlying issue you can resolve—whether that’s a temporary payment plan, adjusting a lease policy, formalizing a previously unauthorized occupant, or arranging a sublet.

Additional Reading: South Carolina Background Checks & Screening Online

If an eviction becomes unavoidable, it’s essential to approach the process methodically to minimize delays, legal missteps, and unnecessary stress. Here are a few key practices to help keep things on track:

• Follow all court procedures and deadlines meticulously. Even a small oversight—missing a deadline, filing the wrong document—can result in costly delays or force you to restart the process entirely. Make sure you’re aligned with your local jurisdiction’s requirements at every step.
• Avoid accepting partial rent payments during the process (unless advised by the court). In many states, taking even a partial payment can reset the eviction timeline or undermine your case altogether. Unless you’ve received clear legal guidance permitting it, it’s best to pause rent collection until after the process is complete.
• Maintain thorough documentation. Good record-keeping can make or break an eviction case. Keep a complete file, including rent payment history, lease violations, property damage (with dated photos or videos), written notices, and any communication with the tenant. Statements from neighboring tenants can also be useful in some cases.
• Leverage property management software. A reliable system that tracks rent payments and flags delinquencies can be a powerful asset. When it’s time to present your case, you’ll have organized, time-stamped records ready to export and print for the court.
• Consider hiring an experienced eviction attorney. While it’s possible to navigate the process yourself, a qualified attorney—especially one familiar with local landlord-tenant law—can handle filings, represent you in court, and ensure the process moves efficiently. Their expertise often saves time, money, and hassle in the long run.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and South Carolina laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

How long does it take to evict a tenant in South Carolina?

The process of evicting a tenant in South Carolina can take between 4 and 9 weeks.

Do landlords need a reason to evict a tenant in South Carolina?

Yes, South Carolina landlords need a legitimate reason to evict a tenant. Failure to pay rent, illegal activity, lease violations, and the end of the lease term are legitimate grounds to begin the eviction process.

Can a landlord evict a tenant without going to court in South Carolina?

No, you cannot legally evict a tenant in South Carolina without going to court.

What happens if a tenant doesn’t respond to the eviction notice?

If a tenant does not respond to the eviction notice, landlords should wait out the entire notice period and then file an eviction lawsuit (Application for Ejectment) with either the South Carolina Circuit or Magistrate Court (these courts have concurrent jurisdiction over landlord-tenant disputes) (SC Stat. § 27-40-130(a)). 

Is it possible for a tenant to stop an eviction once it’s been filed?

Yes, it’s possible for a tenant to stop an eviction in South Carolina. However, it depends on the circumstances and the tenant’s actions. If the eviction is based on unpaid rent, the tenant may be able to pay all back rent, current rent, and court costs before a judgment is entered to stop the eviction.

Do tenants have to move out immediately after the writ of possession?

Tenants generally have 24 hours to vacate the property after a Writ of Ejectment is served or posted in South Carolina.

What should a landlord do with a tenant’s belongings after an eviction?

Landlords are usually required to store remaining belongings for at least 48 hours before municipal or county officials can remove or dispose of it (SC Stat. § 27-40-710(D)). 

Court Documents 

• Application for Ejectment (Eviction)
• Rule to Vacate or Show Cause (Eviction)
• Writ of Ejectment (Eviction)
• Affidavit and Itemization of Accounts (SCCA/716)

Additional Resources 

• South Carolina Civil Court Rules – The specific rules of civil procedure and court policies in South Carolina civil court.  
• South Carolina Code of Laws
• South Carolina Housing Market Trends & Forecast