South Carolina Eviction Laws: What You Need to Know

South Carolina Eviction Laws: What You Need to Know

Stack of colorful papers

There is a lot of information circling currently around housing and living situations. If you live in or rent out property in the state of South Carolina, you may be wondering about legal processes that can change your living situation. We’ve broken down the step-by-step process surrounding eviction in South Carolina. This guide will tackle some common questions surrounding eviction laws in South Carolina.

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Can you be evicted in South Carolina right now?

Yes. Currently, the federal eviction moratorium in South Carolina has ended and landlords are able to evict tenants from rental properties.

How to evict someone in South Carolina

Currently, the eviction process in South Carolina has about five steps. In order for a  landlord to legally evict a tenant from a property, they must follow these steps in accordance with South Carolina law. Notably, one of the most common causes of eviction is the nonpayment of rent. The following steps will focus on this issue.

Step one: Post a Notice to Pay

Rent is considered late in South Carolina if it is not paid 5 days after the due date. If rent remains unpaid after 5 days, landlords in South Carolina can begin the eviction process. First, landlords must file a 5-day Notice to Pay. This will give tenants 5 days to pay the amount of rent that is due in order to avoid eviction. If the tenant does not pay what is owed and remains on the rental property, the landlord is allowed to move forward in the eviction process.

Letter being held by a hand.

FAQ: What if it is specified in my lease that refusal to pay after 5 days of the due date results in eviction from the property?

If it is specified in the lease agreement that nonpayment after 5 days of the agreed-upon payment date will result in eviction, then landlords do not need to provide tenants with a Notice to Pay. Instead, landlords in South Carolina can carry forward with the eviction process without notifying tenants.

Step two: Apply for a Rule to Show Cause and Ejectment

The next step in the South Carolina eviction process is for the landlord to file a Rule (or Order) to Show Cause. In addition, landlords just file an ejectment action with the court, where they will provide details as to why the tenant should be evicted. Note, filing these forms costs money and varies depending on the county. Filing these papers will set a date to appear in court. Next, the tenants must be served with the Cause and the summons. This can be served by the sheriff/member of law enforcement or a court appointee. In addition, it can be served by anyone over the age of 18 that is not involved with the case. These papers must be served to the tenant in one of the following ways:

Person signing Rule to Show documents per South Carolinian eviction laws.

FAQ: When does a landlord in South Carolina have to serve tenants with the Rule/Show summons during the eviction process?

Importantly, South Carolina state law does not specify when a landlord must serve a tenant with the aforementioned papers prior to the eviction hearing. However, if there is no proof of service after 120 days, then a judge may dismiss the eviction.  This means that if landlords cannot prove that tenants were served the papers that the tenant cannot legally be evicted.

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Step three: Response to Rule/Order and Court Hearing

The tenant must respond to the Cause within 10 days of being served. Here, tenants are able to provide evidence in support of their case. If a tenant fails to respond to the Cause within the timeframe, the judge may rule in favor of the landlord. Note, some counties in South Carolina require tenants to request a hearing within 10 days of being served. On the other hand, some counties set a court date at the time the landlord files the Rule/Order to Show Cause. If the judge rules in favor of the landlord, then the eviction process moves on to the next step.

Gavel resting near books in a courtroom.

FAQ: Is the court hearing ruled over by a judge or a jury?

Typically, eviction hearings in South Carolina are presented in front of a judge. However, either the tenant or the landlord can request a jury trial. Requesting a jury trial will add time to the eviction process.

Step four: Issue a Writ of Ejectment

After the court hearing in favor of a landlord, the judge will issue a Writ of Ejectment within 5 days of the ruling. This serves as the tenant’s final notice to leave the rental unit. In addition, it gives tenants time to remove their personal property from the rental unit.

Step five: Possession of Property Returned

After the tenant has been served with the Writ of Ejectment, they will have 24 hours to remove their items from the property. This is a very limited timeframe that may require extra help in order to collect all of the tenant’s possessions. Hiring movers may be a good option in these situations in order to make sure all of the possessions are collected. Note, landlords are responsible for removing any leftover items from the property. A sheriff will return to the property at the specified date/time in order to remove the tenant if they have not already left. Note, only the sheriff is allowed to enter the rental unit using any kind of force.

Person labeling moving boxes.

FAQ: How long does the eviction process take in South Carolina?

Typically, the eviction process in South Carolina takes about 4-9 weeks. This varies depending on the case, as well as if the landlord/tenant decides to request a jury trial.

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