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 often be finished in a matter of 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)).
• Health or safety noncompliance. A violation of the tenant’s duties under § 27-40-510 that materially affects health and safety still gets a 14-day cure notice, unless it is an emergency, in which case the tenant must comply as promptly as conditions require (§ 27-40-720).
• 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. Rent is late if unpaid five days after the due date, and the landlord must give the tenant written notice before terminating for nonpayment (§ 27-40-710(B)). That notice requirement is satisfied going forward, without a fresh notice at every late payment, once the landlord has given it one time or once the lease itself contains the statute's conspicuous notice language (something to the effect of: "If you do not pay your rent within five days of the due date, the landlord can start to have you evicted"). Most professionally drafted South Carolina leases include this clause; many out-of-state forms do not. Read yours before you file, and if it is missing, send the five-day written notice separately before you file.
• Lease violations. A written notice describing the breach and giving 14 days to cure, stating that the lease terminates on a date not less than 14 days after the tenant receives the notice if the breach is not remedied (§ 27-40-710(A)). If the tenant begins the cure within the 14 days and pursues it in good faith, the tenancy does not terminate even if the cure takes longer to finish.
• Health or safety violations. For a violation of the tenant’s duties under § 27-40-510 that materially affects health and safety, give 14 days’ written notice to cure unless it is an emergency, in which case the tenant must fix it as promptly as conditions require (§ 27-40-720).
• Federally covered properties. If the property has a federally backed mortgage or federal subsidy, the CARES Act may still require a 30-day notice to vacate for nonpayment. Confirm with your lender or a lawyer if you are not sure the property is covered.

Deliver the notice in writing and keep proof of delivery. Under the Act, a landlord’s notice reaches the tenant when it is delivered in hand or sent by registered or certified mail to the address the tenant designated, or otherwise to the tenant’s last known residence (§ 27-40-240(B)(3)). Posting alone is not enough. Keep a copy and the mailing receipt. Do not accept partial rent after the notice unless you are prepared to start the notice period over.

3. Filing for ejectment

File an application for ejectment with the magistrate court for the county where the property is located, attaching the lease and the notice. Magistrate court fees are set by state statute and are the same in every county (§ 8-21-1080): currently $20 for a landlord-tenant proceeding (§ 8-21-1010(A)(9)), a $25 assessment on the filing (§ 22-3-340), and $5 plus mileage for the constable to serve the rule (§ 8-21-1060). 2026 Act No. 155 (H.4813) raises these to $40, $40 and $20 plus mileage on January 1, 2027. The application form is the Application for Ejectment (SCCA 732). Confirm the current total with the county magistrate’s office. A real estate broker-in-charge or licensed property manager may complete the eviction paperwork and present the facts to the magistrate on behalf of an entity landlord under § 27-40-710(C); a non-licensed employee generally may not represent a corporate or LLC landlord in court.

Upon the application, the magistrate issues a written rule ordering the tenant to vacate the premises or appear and show cause why they should not be ejected (§ 27-37-20). It is served the same way as a summons in magistrate's court; if two attempts at personal or substitute service fail (separated by at least 48 hours and made at times of day at least 8 hours apart), the rule may instead be posted on the premises and mailed, with service treated as complete ten days after mailing once the clerk's office confirms the attempts (§ 27-37-30).

4. The tenant's ten days

From service, the tenant has ten days to appear and show cause before the magistrate (§ 27-37-20). If the tenant does not appear and show cause within that time, the magistrate issues the warrant, or writ, of ejectment without a further hearing (§ 27-37-40). If the tenant does appear, the case proceeds to a hearing, and either side may request a jury trial. Charleston, Richland, Greenville and Horry counties run some of the busiest magistrate dockets in the state, so scheduling varies by county.

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 it was delivered, photographs for damage cases, and any correspondence. Typical tenant defenses are that the five-day notice was never given and the lease has no conspicuous notice clause, that rent was accepted after the notice was sent, that the landlord failed to make repairs after written notice (the tenant's remedies for the landlord's noncompliance 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 must issue the writ of ejectment within five days of the verdict (§ 27-37-100). Either party may appeal to the circuit court (§ 27-37-120), but the appeal does not stay the ejectment unless the tenant files an appeal bond, in an amount the magistrate sets, conditioned on paying the costs and damages the landlord may sustain from the delay, within five days after serving the notice of appeal; if no bond is filed in time, the magistrate dismisses the appeal and the ejectment proceeds (§ 27-37-130). In practice most tenants do not appeal.

A constable or sheriff's deputy executes the writ: they present a copy to the occupants and give them 24 hours to vacate voluntarily. If the occupants refuse or the premises appear unoccupied, the officer announces identity and purpose; if the premises appear occupied but no one responds, the officer instead posts the writ on the door and waits a further 24 hours. Forcible entry, using the least destructive means, may only be carried out by a deputy sheriff, not a constable, and officers have discretion to delay removal of an ill or elderly tenant (§ 27-37-160).

South Carolina treats a tenant's unexplained absence for 15 days after a rent default as abandonment, and lets the landlord dispose of abandoned personal property worth $500 or less without a separate court process (§ 27-40-730). Property left on a public street or right-of-way after a set-out may be removed by the municipality or county after 48 hours, not counting weekends and holidays (§ 27-40-710(D)). Document what is left and its condition either way.

Self-help is illegal. Changing locks, removing doors, cutting utilities or removing belongings without a writ can make the landlord liable to the tenant for three months' periodic rent or twice the tenant's actual damages, whichever is greater, plus reasonable attorney's fees (§ 27-40-660), and many magistrates treat it harshly.

Typical timeline

Step	Typical time
Five-day nonpayment notice (unless already satisfied by a lease clause)	5 days
Filing to service of the rule to vacate or show cause	Varies; up to about 10 days if substitute service by posting and mail is needed
Tenant's period to appear and show cause	10 days
Hearing, if the tenant appears	Set by the county's docket
Writ of ejectment	Within 5 days of judgment
Officer's notice to vacate before forcible entry	24 hours, sometimes a further 24 hours if the writ had to be posted

An uncontested nonpayment case commonly finishes in a few weeks; a contested case, or one requiring substitute service, takes longer.

Recent law changes landlords should know

The core notice, ejectment and writ provisions above were not amended in the 2025-2026 session. Two 2026 acts take effect January 1, 2027: Act No. 214 (H.4270) adds § 30-2-60, which removes eviction filings and records from the public index and public files seven years after final disposition if nothing further is filed, and Act No. 155 (H.4813) raises the magistrate fees described above. H.3339, which would lengthen the nonpayment grace period from five to ten days, had not passed as of this review.

Practical notes for South Carolina landlords

• Put the statute's exact conspicuous notice language in every lease. It satisfies the notice requirement up front and removes a common tenant 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; a mishandled deposit can turn into a counterclaim.
• Servicemembers on active duty have protections under the federal Servicemembers Civil Relief Act; the court will typically ask you to address military status.

When to bring in an attorney

Because the process is quick and the paperwork is simple, 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), including §§ 27-37-10, 27-37-20, 27-37-30, 27-37-40, 27-37-100, 27-37-120, 27-37-130, 27-37-160.
• S.C. Code Ann. Title 27, Chapter 40 (Residential Landlord and Tenant Act), including §§ 27-40-660, 27-40-710, 27-40-730, 27-40-770.
• South Carolina Judicial Branch, magistrate court self-help and eviction resources.

This guide is general information for South Carolina landlords, not legal advice for any specific situation. Confirm current statute text, local court fees and form requirements before you file, and consult a licensed South Carolina attorney about your particular case.