Outline of the eviction process in South Carolina

South Carolina is one of the faster eviction states. Cases are heard in magistrate court under the ejectment statute (S.C. Code Title 27, Chapter 37) and the Residential Landlord and Tenant Act (Chapter 40), the paperwork is short, and an uncontested nonpayment case can be finished in four to six weeks. The trade-off is that the magistrates hold landlords to the notice rules, and a lease that was not drafted for South Carolina can add a step you did not expect.

1. Grounds for eviction in South Carolina

• Nonpayment of rent (§ 27-40-710(B)).
• Material noncompliance with the lease or with the tenant's statutory duties, such as unauthorized occupants, damage or nuisance (§ 27-40-710(A)).
• Conduct that threatens health or safety or illegal activity on the premises, which needs no cure period.
• Termination of a periodic tenancy: 30 days' written notice for month-to-month, seven days for week-to-week (§ 27-40-770).
• End of a fixed-term lease. If a written lease has expired and was not renewed, no further notice is required before filing.

South Carolina has no just-cause requirement and no rent control. Discrimination and retaliation (for a code complaint or for organizing) remain defenses under state and federal law.

2. Notice before filing

The notice step is where most South Carolina cases go wrong, because the rule depends on what the lease says.

• Nonpayment. The statute requires a written five-day notice to pay or vacate before filing. However, if the written lease contains a conspicuous clause stating that a five-day notice is not required and the landlord may file when rent is more than five days late, no separate notice is needed for later defaults (§ 27-40-710(B)). Most professionally drafted South Carolina leases include this clause; many out-of-state forms do not. Read yours before you file.
• Lease violations. A written notice describing the breach and giving 14 days to cure, stating that the lease terminates in not less than 14 days if the breach is not cured (§ 27-40-710(A)). If the same breach recurs within six months, you can terminate on 14 days' notice without another cure period.
• Health, safety or illegal conduct. You may file immediately.
• Federally covered properties. If the property has a federally backed mortgage or federal subsidy, the CARES Act still requires a 30-day notice to vacate for nonpayment. Ask your lender or a lawyer if you are not sure.

Deliver the notice in writing and keep proof: hand delivery with a witness, posting on the door plus mailing, or the method the lease specifies. Do not accept partial rent after the notice unless you are prepared to start over.

3. Filing the Application for Ejectment

File an Application for Ejectment (SCCA form 401) with the magistrate court for the county where the property is located. Attach the lease and the notice. The filing fee is $40 plus a $10 fee for each writ, and the constable's service fee runs $20 to $30; budget about $75 to $115 in court costs. Some counties allow e-filing; many still take paper at the magistrate's office.

The magistrate issues a Rule to Show Cause (sometimes called a Rule to Vacate) ordering the tenant to vacate or show cause why they should not be evicted. A constable or sheriff's deputy serves it, making two attempts in person and then, if needed, by posting and mail.

4. The tenant's ten days

From service, the tenant has ten days to file a written answer and request a hearing (§ 27-37-40). If the tenant does nothing, you are entitled to a default and the magistrate issues the Writ of Ejectment without a hearing. If the tenant answers, the court sets a hearing, usually within one to three weeks depending on the county. Charleston, Richland, Greenville and Horry counties run some of the busiest magistrate dockets in the state, so timing varies.

5. The hearing

Hearings are short and informal, but the burden is on you. Bring the lease, a rent ledger showing the balance, the notice and proof of delivery, photographs for damage cases, and any correspondence. Typical tenant defenses are that no five-day notice was given and the lease has no waiver clause, that rent was accepted after the notice, that the landlord failed to make repairs after written notice (the tenant's remedies under § 27-40-610 and § 27-40-640 can offset rent), and retaliation. Magistrates can award possession and, if you asked for it, a money judgment for rent through the hearing date.

6. Judgment, appeal and the Writ of Ejectment

If you win, the magistrate issues a Writ of Ejectment (§ 27-37-100) within about five days. The tenant may appeal to the circuit court, but an appeal does not stop the eviction unless the tenant posts the bond the court sets (typically the rent owed plus rent as it comes due). In practice most tenants do not appeal.

The constable or deputy serves the writ and gives the tenant at least 24 hours to leave. If the tenant is still there after 24 hours, the officer conducts a "set-out": the tenant is removed and the belongings are placed outside or, in some counties, at the curb for the tenant to collect. South Carolina sets no fixed holding period for abandoned property after a set-out, so document what is left and give a reasonable window before disposal (§ 27-40-730 governs abandonment more generally).

Self-help is illegal. Changing locks, removing doors, cutting utilities or removing belongings without a writ exposes you to damages and attorney's fees under § 27-40-660, and many magistrates treat it harshly.

Typical timeline

Step	Typical time
Five-day notice (if the lease has no waiver clause)	5 days
Filing to service of Rule to Show Cause	3 to 10 days
Tenant's answer period	10 days
Hearing (if requested)	1 to 3 weeks later
Writ of Ejectment	within 5 days of judgment
Officer's notice to vacate	24 hours

An uncontested case commonly finishes in three to five weeks; a contested case in six to nine.

Practical notes for South Carolina landlords

• Put the five-day waiver clause in every lease. It removes a step and a common defense.
• Ask for a money judgment in the same application; it costs nothing extra and gives you a collectible judgment for the arrears.
• Keep the tenant's deposit accounting separate from the eviction. Deposit disputes go through § 27-40-410 and can turn into a counterclaim if mishandled.
• Servicemembers on active duty have protections under the federal Servicemembers Civil Relief Act; the court will ask you to file an affidavit about military status.

When to bring in an attorney

Because the process is quick and the fees are low, many South Carolina landlords file their own nonpayment cases. It is worth hiring counsel when the tenant contests and raises repair or retaliation issues, when the lease is silent on the five-day notice, when the property has a federal subsidy or backing, for commercial tenancies, and whenever you are managing several units and want a firm that can run the cases on a schedule. The South Carolina attorneys listed below represent landlords in the magistrate courts across the state, and several concentrate on Columbia, Charleston and the Upstate.

Sources

• S.C. Code Ann. Title 27, Chapter 37 (Ejectment of Tenants), §§ 27-37-10 to 27-37-160.
• S.C. Code Ann. Title 27, Chapter 40 (Residential Landlord and Tenant Act), including §§ 27-40-410, 27-40-610, 27-40-640, 27-40-660, 27-40-710, 27-40-730, 27-40-770.
• South Carolina Judicial Branch, magistrate court forms (SCCA 401 series) and county magistrate guidance.