Is It Easy to Evict Tenants in South Carolina
Steps of the eviction process in South Carolina:
- Notice is posted to correct the issue/vacate.
- If uncured and tenant remains, Rule/Order to Show Cause is requested and served.
- Hearing is held and judgment issued.
- If granted, writ of ejectment is posted.
- Possession of property is returned to landlord.
Evicting a tenant in South Carolina can take around four to nine weeks (or more) depending on the eviction type and how quickly the summons is served on the tenant. If tenants request a jury trial, the process can take longer.
Questions? To chat with a South Carolina eviction attorney, Click here
Step 1: Notice is Posted
Landlords in South Carolina can begin the eviction process for several reasons, including:
- Nonpayment of Rent – Once rent is past due, written notice must be served giving the tenant the option to pay rent in order to avoid eviction.
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease or rental agreement, the landlord must give the tenant the opportunity to correct the issue before moving forward with the eviction process.
- No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
- Illegal Activity – If a tenant is engaged in illegal activity, the landlord must serve them with written notice before pursuing eviction proceedings.
- Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property.
- Evicting a Squatter If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then a landlord or tenant relationship may not be established. As a result, the normal eviction process may not apply (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time.
In South Carolina, rent is considered late if it is not paid within five days of the due date, and a landlord can proceed with the eviction process.
The landlord must provide a5-Day Notice to Payif the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within five days in order to avoid eviction.
However, no additional written notice is required if the following language is in the written lease:
"IF YOU DO NOT PAY YOUR RENT ON TIME
This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit."
If this language is in the written rental agreement and rent isn't paid within five days of the due date, the landlord can begin the eviction process without notice.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
Eviction Process for Violation of Lease Terms / Rental Agreement
A tenant can be evicted in South Carolina if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
South Carolina landlords are required to allow tenants to correct a lease violation, and must provide tenants with a 14-Day Notice to Comply, giving the tenant 14 days to correct the issue.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there's a no-pet policy.
For all violations except those involving health and safety, if the tenant has begun correcting the issue within the 14-day notice period, even if they haven't been able to fully comply before the 14 days are up, the eviction process will be stopped. The tenant must fully comply within a "reasonable" period, however.
Health/Safety Violations
In South Carolina, health and safety violations are considered a breach of the lease or rental agreement.
For health and safety violations that create an emergency situation, the tenant must fix them as quickly as possible. All other health and safety violations must be corrected within 14 days.
If the tenant fails to correct health and safety violations or other lease agreement violations (or doesn't begin to correct the issue) within the timeframe on the notice, the landlord may proceed with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of South Carolina, if tenants "holdover," or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn't want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, the landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Illegal Activity
Tenants can be evicted in South Carolina if they are involved in illegal activity.
If tenants are involved in illegal activity, they may not receive written notice prior to eviction or have the opportunity to correct the issue.
The landlord may request a Rule/Order to Show Cause without giving the tenant prior notice.
Step 2: Petition is Filed and Served
As the next step in the eviction process, South Carolina landlords must apply for a Rule (or Order) to Show Cause in the appropriate court. A landlord must file an ejectment action with the court which provides details on why the tenant should be evicted. In Charleston County, this costs $40 in filing fees and an additional $10 for a writ of ejectment.
The summons and Rule/Order to Show Cause may be served on the tenant by the sheriff, deputy sheriff, magistrate's constable, or anyone over the age of 18 who is not part of the eviction case using one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with someone who resides at the tenant's rental unit;
- Mailing via certified mail as long as a return receipt is requested; or
- Using a commercial delivery service to deliver the summons and rule/order to the tenant.
South Carolina law doesn't address how much time a landlord has to serve the tenant with the rule/order prior to the hearing, or how quickly the summons and rule/order must be served after the landlord files a request for the eviction rule/order with the court.
However, if there is no proof of service (proving the tenant actually received a copy of the rule/order and summons) after 120 days, the eviction case may be dismissed.
Step 3: Court Hearing and Judgment
The tenant must respond to the Rule/Order to Show Cause within 10 days after the summons was served on the tenant.
This is the tenant's opportunity to contest the eviction and explain why they should be allowed to remain in the rental unit. In some court locations, this may be called "making an appearance."
If the tenant fails to respond/make an appearance within that timeframe, the judge will rule in favor of the landlord and the tenant will be evicted.
In some counties, tenants must request a hearing within 10 days of receiving the Rule/Order to the Show Cause or the court may rule in the landlord's favor. In other locations, the hearing is set when the landlord applies for the Rule/Order to Show Cause.
Either the landlord or tenant can request a jury trial, which will add more time to the process.
If the magistrate rules in favor of the landlord, a writ of ejectment will be issued and the eviction process will proceed.
Step 4: Writ of Ejectment Is Issued
The writ of ejectment is the tenant's final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the deputy sheriff or constable returns to the property. The deputy sheriff is the only one authorized to enter the premises by force and must use the least destructive way to enter the premises.
If the court has ruled in the landlord's favor, a magistrate will issue a writ of ejectment within five days of their judgment in favor of the landlord.
Step 5: Possession of Property is Returned
The tenant will have 24 hours after the writ of ejectment is posted or given to the tenant to move out of the rental unit.
If the tenant has not moved out of the rental unit by the end of the notice period, the sheriff will forcibly remove them from the rental property.
South Carolina Eviction Process Timeline
Below is a summary of the aspects outside of the landlord's control that dictate the amount of time it takes to evict a tenant in South Carolina. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – Between 5 and 30 days, depending on the reason for eviction.
- Rule/Order to Show Cause Requested and Served – A few days to a few weeks; if service isn't completed within 120 days, the eviction case may be dismissed.
- Court Hearing and Ruling on the Eviction – 10 days; longer if a jury trial is requested.
- Issuance of Writ of Ejectment – Approximately five days after the ruling in favor of the landlord.
- Return of Possession – 24 hours after the writ is posted.
Questions? To chat with a South Carolina eviction attorney, Click here
Additional Information
Tenant's Defenses for an Eviction. There are multiple defenses to delay or dismiss an eviction lawsuit in South Carolina. Below are some of the most common defenses:
- Notice requirement is inadequate.
- The landlord did not maintain the rental unit to the minimum legal standards.
- The landlord fails to provide essential services and utilities (heating, electricity, water, etc).
- The landlord discriminates against the tenant based on race, national origin, religion, gender, disability or family status.
Tenant's Abandoned Personal Property. If a tenant leaves behind their personal possessions in the rental unit after eviction, the property may be removed after 15 days. If the tenant voluntarily terminates the utilities and has abandoned the property, the 15-day rule does not apply and the landlord may immediately remove the property. If the personal property is less than $500, the property may dispose of it, if it is more than $500, the landlord must file a formal ejection application with the court.
Flowchart of South Carolina Eviction Process
For additional questions about the eviction process in South Carolina, please refer to the official state legislation, South Carolina Code §§ 27-37-10 to 27-37-160 and §§27-40-10 to 27-40-940, and South Carolina Rules for Magistrates Court, Rule 6, for more information.
Sources
- 1 SC Code §27-40-710 (2019)
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(B) If…the tenant fails to pay rent within five days from the date due…the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period…
- 2 SC Code §27-40-720 (2019)
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(a)…if there is a noncompliance by the tenant…other than nonpayment of rent or a noncompliance materially affecting health and safety or the physical condition of the property…the landlord may deliver written notice to the tenant specifying the acts and omissions…and that the rental agreement will terminate…not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days.
- 3 SC Code §27-40-720 (2019)
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(b) If there is noncompliance by the tenant…materially affecting health and safety…and the tenant fails to comply as promptly as conditions require in case of emergency, or within fourteen days after written notice by the landlord if it is not an emergency, specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may terminate the rental agreement.
- 4 SC Code §27-40-770 (2019)
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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice… (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.
- 5 SC Code §27-40-710 (2019)
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(A) …if there is a noncompliance by the tenant with the rental agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant…
- 6 SC Rules of Magistrates Court, Rule 6 (2019)
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(c) Service of the summons may be made by the sheriff, the sheriff's deputy, a magistrate's constable, or by any other person not less than eighteen (18) years of age, who is not an attorney in or a party to the action.
- 7 SC Rules of Magistrates Court, Rule 6 (2019)
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(d)(1) …by delivering a copy of the summons and complaint to the individual personally or by leaving copies of the summons and complaint at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion, or by delivering a copy to an agent authorized by appointment or by law to receive service of process.
- 8 SC Rules of Magistrates Court, Rule 6 (2019)
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(d)(6) Service…upon a defendant…referred to in paragraph (d)(1)…may be made by certified mail, return receipt requested and delivery restricted to the addressee…Service pursuant to this paragraph shall not be the basis for the entry of a default judgment unless the record contains a return receipt…by the defendant…If delivery is refused or is returned undelivered, service shall be made as otherwise provided by these rules.
- 9 SC Rules of Magistrates Court, Rule 6 (2019)
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(d)(7) Service…upon a defendant…referred to in paragraph (d)(1)…may be made by a commercial delivery service which meets the requirements to be considered a designated delivery service in accordance with 26 U.S.C. § 7502(f)(2).…If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.
- 10 SC Rules of Magistrates Court, Rule 6 (2019)
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(k) Subject to the provisions of any statute, rule, or order, a magistrate may dismiss a summons and complaint against any or all defendants without prejudice to the plaintiff if service of process cannot be obtained within one hundred twenty (120) days of the filing of the complaint.
- 11 SC Code §27-37-40 (2019)
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If the tenant fails to appear and show cause within the aforesaid ten days then the magistrate shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county.
- 12 SC Code §27-37-100 (2019)
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If the verdict be for the plaintiff the magistrate shall within five days issue a writ of ejectment and the tenant shall be ejected by the constable or special constable or the sheriff of the county.
- 13 SC Code §27-37-160 (2019)
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In executing a writ of ejectment, the constable or deputy sheriff shall…give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours…the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment.
Source: https://ipropertymanagement.com/laws/south-carolina-eviction-process