✓ Law Verified June 2026
Facing eviction in South Carolina? This guide explains the south carolina eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from South Carolina law, verified as of June 2026.
In This South Carolina Guide:
South Carolina Eviction Notice Periods
Before a landlord can file an eviction lawsuit in South Carolina, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 5 days written notice to pay or quit (SC Code 27-40-710(b)). However, if the lease contains a clause in bold conspicuous type stating that nonpayment within 5 days constitutes notice of the landlord’s right to begin ejectment proceedings, no separate written notice is required and the landlord may file immediately after 5 days of nonpayment. This lease-clause waiver carries over into month-to-month holdover periods after the original lease term expires. |
| Lease violation | 14 days written notice specifying the breach (SC Code 27-40-710(a)). This is a curable notice — the tenant has 14 days to fix the violation. If the tenant remedies the breach within 14 days, the landlord cannot proceed with eviction on those grounds. The notice must describe the specific acts or omissions constituting the breach. |
| No-cause / end of tenancy | Month-to-month tenancy requires 30 days written notice before the termination date. Week-to-week tenancy requires 7 days written notice. Fixed-term leases end at the expiration of the lease term with no mid-term no-cause termination (SC Code 27-40-770). |
| Holdover tenant | If the tenant remains without the landlord’s consent after lease expiration or termination, the landlord may bring an ejectment action immediately with no additional notice beyond what was given to terminate the underlying tenancy (SC Code 27-40-770). If holdover is willful, the landlord may recover up to 3 months periodic rent or twice actual damages (whichever is greater) plus reasonable attorney fees. |
| Tenant must respond within | 10 days after service of the Rule to Show Cause (SC Code 27-37-20). The tenant must contact the magistrate court within 10 days to schedule a hearing and explain why they should not be ejected. If the tenant fails to respond within 10 days, the court may enter a default judgment in favor of the landlord. |
| Realistic total timeline | For an uncontested nonpayment case: approximately 13 to 36 days from notice to lockout. This breaks down as 0 to 5 days for notice (may be waived by lease clause), 1 to 5 days for filing and service, 10 days for tenant response period, 0 to 10 days for hearing scheduling, 1 to 5 business days for writ issuance, and 1 day (24 hours) for the vacate period. Contested or complex cases may take 30 to 90 or more days. Lease violation cases add the 14-day cure period at the front end. |
How the Eviction Lawsuit Is Filed in South Carolina
The landlord files an Application for Ejectment (Form SCCA 732) in Magistrate Court. The magistrate then issues a Rule to Show Cause ordering the tenant to appear. Typical filing fees range from 40 to 115 depending on the county and service costs.
Contact your county magistrate court for exact current fees. South Carolina uses “ejectment” rather than “unlawful detainer” — the court proceeding is called an Application for Ejectment (SC Code 27-37-10 et seq.).
Hearing timeline: After the landlord files and the Rule to Show Cause is served, the tenant has 10 days to respond. The hearing is typically scheduled within 10 days after the tenant files an answer. Realistically, expect 10 to 21 days from filing to hearing depending on the county court schedule.
Writ of possession / lockout: South Carolina calls this a Writ of Ejectment. It is issued within 5 business days after judgment in the landlord’s favor (SC Code 27-37-100). Once the writ is served or posted on the premises, the tenant has only 24 hours to vacate (SC Code 27-37-160).
If the tenant does not leave within 24 hours, the deputy sheriff may enter by force using the least destructive means possible. The deputy sheriff has discretion to grant a delay for ill or elderly tenants.
Tenant Defenses Against Eviction in South Carolina
Depending on your situation, you may be able to raise defenses such as:
- Many South Carolina tenants can raise these defenses: (1) Improper or insufficient notice — landlord failed to provide the required written notice or used the wrong notice period (SC Code 27-40-710
- 27-37-20). (2) Rent was paid — tenant can show proof of timely payment. (3) Landlord failed to maintain the premises — breach of the landlord’s duty to maintain habitable conditions under SC Code 27-40-440
- especially for health and safety violations. (4) Retaliatory eviction — SC Code 27-40-910 prohibits a landlord from evicting
- raising rent
- or decreasing services in retaliation after a tenant complained to a government agency about code violations or complained to the landlord about violations of the Residential Landlord and Tenant Act. (5) Discrimination — eviction based on race
- color
- religion
- sex
- national origin
- familial status
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In South Carolina, a landlord cannot evict you without a court order. Under SC Code 27-40-760, a South Carolina landlord CANNOT: change locks or bar entry to the dwelling unit (lockout), interrupt or cause the interruption of essential services such as electricity, water, gas, or heat (utility shutoff), remove the tenant’s belongings from the premises, or willfully diminish any required essential services.
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A landlord may only recover possession through abandonment, surrender, lawful termination under the statute, or court-ordered ejectment. If a landlord commits an illegal self-help eviction, the tenant may recover possession or terminate the rental agreement and in either case recover 3 months periodic rent or twice actual damages (whichever is greater) plus reasonable attorney fees.
Free legal help: South Carolina tenants facing eviction can contact South Carolina Legal Services (SCLS) at 1-888-346-5592 for free legal help statewide. Additional resources include SC Appleseed Legal Justice Center at scjustice.org for eviction guides and know-your-rights brochures, LawHelp.org/SC for online intake for free or low-cost legal aid, the SC Bar Lawyer Referral Service at (803) 799-7100, Charleston Legal Access at (843) 640-5980 for the Charleston area, and ABA Free Legal Answers via LawHelp.org/SC to submit questions to volunteer attorneys online.
Other South Carolina eviction rules: (1) Lease clause can eliminate separate notice for nonpayment — if the lease contains bold conspicuous language stating that nonpayment within 5 days constitutes notice, the landlord can skip the separate written notice step and file for ejectment immediately after the 5th day, and this carries over into month-to-month holdover periods (SC Code 27-40-710(b)).
(2) South Carolina uses the term Ejectment rather than Unlawful Detainer — the court filing is an Application for Ejectment and the enforcement order is a Writ of Ejectment, not a Writ of Possession. (3) The 24-hour vacate period after the Writ of Ejectment is served or posted is significantly shorter than many states (SC Code 27-37-160).
(4) The deputy sheriff executing the writ has discretion to grant a delay for ill or elderly tenants. (5) Distress for rent still exists — SC Code 27-40-740 preserves the landlord’s right to enforce collection of rent by distress pursuant to Chapter 39, Title 27, though the tenant may raise defenses.
(6) The ejectment statute is found in SC Code Title 27 Chapter 37, while the Residential Landlord and Tenant Act covering notice requirements and tenant protections is in SC Code Title 27 Chapter 40.
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Official South Carolina Sources & Resources
- South Carolina Courts / Judiciary: https://www.sccourts.org/court-forms/?courtType=Mag
- South Carolina Eviction Statute: https://www.scstatehouse.gov/code/t27c040.php
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the South Carolina Eviction Process
The South Carolina eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the South Carolina eviction process is acting illegally, and you may have grounds to have the case dismissed.
Understanding the South Carolina eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire South Carolina eviction process.
This South Carolina eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
More South Carolina Tenant Rights Guides
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- South Carolina Security Deposit Law
- South Carolina Rent Increase Laws
- South Carolina Repairs & Habitability
- Breaking a Lease in South Carolina
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.