The Eviction Process in South Carolina: A Step-by-Step Guide for Landlords

Nobody gets into rental property ownership hoping they’ll need to evict someone. But sometimes it happens, and when it does, you need to follow the process exactly. South Carolina has specific rules about how evictions work, and cutting corners can cost you months of time and thousands in legal fees.

Here’s how the process works from start to finish.

Legal Grounds for Eviction in SC

You can’t evict a tenant just because you want them out. SC law (Title 27, Chapter 37) requires one of these grounds:

• Nonpayment of rent when it’s due or demanded
• Lease violations where terms or conditions have been broken
• Expired tenancy where the lease term has ended
• Criminal activity on the premises (drug dealing, theft of utilities, selling stolen goods)
• Severe property damage caused willfully by the tenant

Each of these comes with different notice requirements.

Step 1: Serve the Right Notice

Before you can file anything with the court, you need to give proper notice. The type of notice depends on why you’re evicting.

Important detail on the 5-day nonpayment notice: If your lease includes bold, conspicuous language stating that failure to pay within 5 days of the due date constitutes notice to vacate, you don’t need to deliver a separate written notice. The lease itself serves as the notice. If your lease doesn’t have this language, you’ll need to deliver a written 5-day notice before filing.

For curable lease violations, if the tenant starts fixing the problem within 14 days but can’t finish in time, you may need to give reasonable additional time.

Step 2: File with Magistrate Court

If the notice period passes and the tenant hasn’t paid, fixed the violation, or moved out, it’s time to file.

Where to file: Magistrate Court (also called Summary Court) in the county where the property is located.

What you’ll file: An Application for Ejectment (sometimes called a “Rule to Vacate” or “Rule to Show Cause”).

What to bring:

• The completed application form
• A copy of the lease
• Proof that you served notice (if applicable)
• Payment records showing unpaid rent
• Any supporting evidence (photos of damage, police reports, etc.)

Filing costs (approximate, varies by county):

• Filing fee: $40-$45
• State surcharge: $25
• Service fee (sheriff/constable): ~$10
• Writ of ejectment fee (if needed later): ~$10
• Total: roughly $75-$115

Step 3: Tenant Gets Served

After you file, the court issues a Rule to Show Cause, which must be served on the tenant. There are a few ways this happens:

• Personal service by a sheriff, constable, or process server (standard method)
• Alternative service if personal service fails twice (attempts must be 48+ hours apart, one at a different time of day). In that case, the papers get posted on the property and mailed to the tenant.

Once served, the tenant has:

• 10 days to respond if served personally
• 20 days if served by alternative methods (posting/mailing)

If the tenant doesn’t respond at all, the court issues a default judgment in your favor and you can skip straight to the writ of ejectment (SC Code s 27-37-40).

Step 4: The Court Hearing

If the tenant does respond, a hearing is scheduled before a magistrate. Here’s what to expect:

• It’s conducted like a civil trial
• You (the landlord) carry the burden of proof. You need to show the court that you have valid grounds for eviction.
• Both sides can present evidence, call witnesses, and make arguments
• Either party can request a jury trial (SC Code s 27-37-80)
• The judge (or jury) issues a ruling, usually the same day

Bring everything: your lease, notice documentation, payment ledgers, photos, correspondence. The more organized your case, the better.

Step 5: Writ of Ejectment

If you win, the court issues a Writ of Ejectment within 5 days of the ruling.

Here’s what happens next (SC Code s 27-37-160):

1. Law enforcement presents the writ to the tenant at the property
2. The tenant gets 24 hours to leave voluntarily
3. If they don’t leave, a deputy sheriff can enter by force using “the least destructive means possible”
4. The officer has discretion for vulnerable occupants (elderly, ill)

Only law enforcement can execute the physical eviction. You can’t do it yourself, and you can’t hire someone to do it. This is non-negotiable under SC law.

What Happens to the Tenant’s Belongings?

After the eviction, if the tenant leaves property behind:

• Items placed on the public street or right-of-way can be removed by the municipality after 48 hours (excluding weekends and holidays)
• Abandoned property valued at $500 or less: you can enter and dispose of it
• Abandoned property valued at over $500: you need to go through formal court procedures under SC Code ss 27-37-10 through 27-37-150

Don’t throw out expensive items without following the legal process. It’s tempting, but it opens you up to liability.

What You Absolutely Cannot Do

SC Code s 27-40-760 makes this crystal clear. Self-help evictions are illegal. You can’t:

• Change the locks
• Shut off utilities (electricity, water, gas, heat)
• Remove doors or windows
• Move the tenant’s belongings out
• Threaten or intimidate them into leaving
• Cut off any essential service

If you do any of these things, the tenant can recover the greater of three months’ rent or double their actual damages, plus attorney’s fees (SC Code s 27-40-660). Even if you’re owed thousands in back rent, a self-help eviction can flip the situation and make you the one writing a check.

Tenant Defenses You Should Know About

Tenants can fight back, and a judge will listen. Common defenses include:

• Improper notice: You didn’t follow the right notice procedure, or your lease didn’t have the required bold language for the 5-day nonpayment notice. The judge will likely dismiss and make you start over.
• Rent was actually paid: The tenant paid within the 5-day window and has proof.
• The violation was fixed: Tenant cured the issue within the 14-day period.
• You didn’t maintain the property: If you failed to provide heat, water, or habitable conditions, the tenant has a defense against nonpayment (SC Code s 27-40-610).
• Retaliatory eviction: Under SC Code s 27-40-910, you can’t evict because the tenant complained to a government agency about code violations. The penalty is three months’ rent or triple damages.
• Discrimination: Evicting based on race, religion, sex, national origin, disability, or familial status is illegal under both federal and SC fair housing law.

Realistic Timeline

How long does all of this take? Here’s a realistic breakdown:

Uncontested (tenant doesn’t respond): roughly 30-45 days total.

Contested (goes to hearing): roughly 45-90 days total.

If the tenant appeals: add weeks to months. The tenant must post an appeal bond within 5 days (SC Code s 27-37-130), with the amount set by the magistrate.

Charleston County and other urban courts tend to have longer wait times than rural counties. Plan accordingly.

How to Protect Yourself Before an Eviction Ever Happens

The best eviction is the one you never have to file. A few things that make a real difference:

• Thorough tenant screening catches problems before they start
• A solid lease with the right language (including that bold 5-day notice clause) saves you time if you do need to file
• Consistent communication about late payments. Sometimes a quick conversation resolves things before they escalate.
• Document everything in writing. Texts and emails create a paper trail that holds up in court.

We Handle This So You Don’t Have To

At Happy Homes, evictions are rare because we screen thoroughly and communicate consistently. In the few cases where one is necessary, we manage the entire process from notice to resolution so you don’t have to set foot in a courtroom.

Here’s what that looks like:

• We serve legally compliant notices with the right language and timing
• We file the paperwork with Magistrate Court and handle all documentation
• We represent your interests at the hearing with organized evidence
• We coordinate with law enforcement for the writ of ejectment
• We handle the turnover, re-list the property, and place a new tenant

Most of our clients never deal with evictions because we catch problems during screening. Our 92% tenant renewal rate means the people we place tend to stay and pay.

We manage properties across Charleston, Mt. Pleasant, Summerville, West Ashley, Goose Creek, James Island, Johns Island, Daniel Island, Hanahan, and North Charleston.

This article is for informational purposes only and doesn’t constitute legal advice. For specific legal questions about an eviction, consult a licensed South Carolina attorney.