Outline of the Eviction Process in South Carolina

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: S.C. Code Ann. § 27-40-10 to § 27-40-940 (Residential Landlord and Tenant Act); § 27-37-10 to § 27-37-160 (Ejectment of Tenants).

2. Notice to Quit

• Written notice served:
  • Non-payment: 5-day notice to pay or vacate.
  • Lease violation: 14-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: Immediate or 5-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 5 days) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Application for Ejectment (Form SCCA/738) in Magistrate Court.
• Documents: Application, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$40–$80 (varies by county).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 5 days before hearing.
• Methods: Personal delivery, left with resident (age 16+), or posted and mailed.
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 5–10 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Writ of Ejectment if landlord wins.
• Appeal: 5 days to Circuit Court (requires bond).
• Writ issued: Immediate or ~5 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: S.C. Code Ann. § 27-37-100.

8. Tenant Protections

• Rights:
  • Cure violations (5 days for rent, 14 days for lease issues), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 3 months’ rent or twice damages).
• Resources:
  • South Carolina Legal Services (888-346-5592), sclegal.org, sccourts.org.

Notes

• Disclaimer: General guide; consult a lawyer. County variations may apply.
• Sources: S.C. Code Ann. § 27-40-10 to § 27-40-940, § 27-37-10 to § 27-37-160; sccourts.org; sclegal.org.

Eviction Process by State