South Carolina Eviction Process

How to Evict a Tenant in South Carolina

Step 1 – Provide Notice to the Tenant

The type of eviction notice the landlord should administer will depend on the eviction reason. If the tenant fails to pay rent within the five-day grace period, the landlord will provide a five-day notice to quit.

If the tenant breaches a lease term, the landlord should provide a 14-day notice to quit as soon as they become aware of the violation. In other cases, including termination of a month-to-month lease, the landlord may need to provide a 30-day notice to quit.

Make sure you use the right notice for your situation since failure to do so could delay the eviction process.

Step 2 – Allow the Tenant Time to Remedy Violations

Before evicting a tenant from the property, you must allow them time to take care of the problem if the breach is curable. If the tenant remedies the issue within the appropriate timeframe, the landlord doesn’t need to move forward with eviction.

If the tenant commits an illegal activity on the premises, the landlord can evict them without providing notice.

Step 3 – File an Eviction Lawsuit with the Court

File an eviction lawsuit with your local Magistrate Court. Forms you’ll likely have to file with the court include a Rule to Vacate or Show Cause, an Affidavit and Itemization of Accounts, and an Application for Ejectment. Ensure you provide an adequate reason for seeking eviction.

Step 4 – Serve the Rule

Once the court has processed the application, a sheriff or process server must personally deliver a Rule to Vacate or Show Cause to the tenant.

The process server or sheriff must make at least two attempts to serve the rule during at least two different times of the day, separated by at least eight hours. If these deliveries are unsuccessful, the process server or sheriff can post the rule somewhere on the property that is clearly visible and send a copy via certified mail to the tenant. These rules are present in SC Code § 27-37-30.

Step 5 – Allow the Tenant Time to Respond

State law explains that the tenant has 10 days to respond to the Rule to Vacate or Show Cause. If the tenant fails to respond, the court will automatically rule in the landlord’s favor.

Step 6 – Attend the Trial

When the tenant is able to show cause, the eviction will move to a trial hearing. The judge or magistrate will decide the case or move it to a jury hearing. At a trial, both parties will have the chance to show evidence and plead their case.

Step 7 – Obtain a Writ of Ejectment

If the judge or jury rules in the landlord’s favor, they shall issue a writ of ejectment. Only a sheriff, not the landlord, can enforce the writ. They can use the writ to order the tenant to leave within 24 hours. If the tenant still refuses to leave, the sheriff can enter the property by force and demand them to leave.

Eviction Reasons

A landlord may need to evict a tenant for various reasons. Evictions usually take one of two forms: at-fault or no-fault.

Regardless of the eviction form, landlords must follow the South Carolina eviction notice process and other procedures, including filing all legal forms and notices.

At-Fault Evictions

At-fault evictions occur when the tenant has done something to violate the lease agreement. Common breaches include the following:

• Failure to pay rent
• Noncompliance with the rental agreement’s terms
• Failure to maintain reasonable health and safety standards
• Abandonment of the property by the tenant
• Engaging in illegal activities

Each reason for terminating the lease requires the landlord to provide different types of written notice, with timelines ranging from immediate eviction to a two-week notice.

1. Notice for Nonpayment of Rent

Overview

• According to SC Code § 27-40-710(B) and 27-37-10(B), a landlord can issue a five-day notice to quit for nonpayment of rent when the tenant is more than five days late, as per the five-day grace period that state law offers.
• This notice gives tenants five days to catch up on any late rent payments.
• This notice period doesn’t include weekends or holidays.
• If the lease agreement contains specific language as outlined in SC Code § 27-40-710(B), the landlord may not need to provide further notice. The language must be boldly displayed and state “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.”

2. Notice for Noncompliance

Overview

• SC Code § 27-40-710(A) instructs landlords to fill out a 14-day notice to quit for noncompliance with the rental agreement, including instances when the tenant adds extra residents to the lease without notice or causes damage to the property.
• Under SC Code § 27-40-720, a 14-day notice to quit for noncompliance is also appropriate when a tenant acts in a way that materially impacts health and safety.
• It gives the tenant 14 days to fix the violation before the landlord moves forward with the eviction.
• Sometimes, the landlord may include weekends and bank holidays in the 14-day notice count. Landlords and tenants should be clear about the deadline to ensure clarity when determining how long the tenant has to rectify the breach.

3. Notice for Illegal Activity

Overview

• SC Code § 27-40-540 notes that tenants don’t have the right to engage in illegal activity on their rental properties.
• Engaging in illegal activities constitutes a breach of the lease agreement that cannot be rectified and no notice is required.
• An immediate notice to quit for illegal activity evicts the tenant without giving them the opportunity to fix the problem.

4. Abandonment of the Property

Overview

• According to SC Code § 27-40-730, if a tenant is absent without explanation from the unit for 15 days after defaulting on the rent payment, the landlord will assume they’ve abandoned the unit.
• If the tenant voluntarily terminates the utilities and leaves the property, the abandonment is considered immediate.
• If the landlord can rent the property to a new tenant, the former rental agreement terminates when the new tenancy starts.

No-Fault Evictions

No-fault evictions occur when the landlord wants the tenant to vacate the property for a reason other than a lease violation, illegal activity, or failure to pay rent. Landlords can use these notices to terminate leases in the following situations:

1. Notice to End a Month-to-Month Tenancy

Overview

• Under SC Code § 27-40-770, the landlord must provide a lease termination notice when they want to end a month-to-month lease agreement.
• This notice gives the tenant 30 days to leave the property.
• The 30-day notice to quit usually includes weekends and bank holidays.

2. Notice to End a Week-to-Week Tenancy

Overview

• A landlord uses this notice to remove the tenant from the property when the tenancy is week-to-week.
• It gives the tenant seven days to leave the property.

Eviction Timeline

Tenant Rights in South Carolina

Tenants have various rights that protect them against illegal evictions or other potential challenges when a landlord pursues eviction. Landlords must go through the necessary process to evict tenants legally rather than taking matters into their own hands.

Self-Help Evictions

A self-help eviction happens when a landlord tries to evict a tenant themselves. Examples of self-help evictions include:

• Removing a tenant’s property from the premises
• Changing the locks or otherwise securing the property so the tenant cannot enter
• Cutting off vital services to the property, including electricity, water, or gas
• Threatening the tenant or otherwise trying to force them to leave the property

According to SC Code § 27-40-660, self-help evictions are illegal. If the landlord attempts to engage in a self-help style eviction, the tenant may have the right to recover damages that include either twice the damages sustained or three months of rent, whichever is greater.

Abandoned Property

Sometimes, tenants may leave the premises quickly without taking all of their property with them. When a tenant leaves property behind, if the unit has been vacant for at least 15 days and the landlord has no reason to believe that the tenant will return, the landlord can dispose of property worth less than $500.

Even if the property’s value is more than $500, the landlord will not be held liable unless the landlord is found to be grossly negligent in the disposal of that property, according to SC Code § 27-40-730(f).

Resources

• South Carolina Bar: Provides guides explaining various topics, including landlords’ rights and tenants’ rights.
• US Department of Housing and Urban Development: Offers various resources for tenants and landlords.
• South Carolina Landlord-Tenant Act: Lists the official statutes for landlord-tenant arrangements and relationships.
• South Carolina LawHelp: Provides legal assistance with rental matters.