Eviction is a legal process that allows a South Carolina landlord to remove a tenant from a rental property for specific reasons. Understanding the South Carolina eviction process and laws is crucial for landlords to ensure compliance with state regulations.
Whether a tenant violates the lease agreement, fails to pay rent, or breaches other rental agreement terms, following the proper legal eviction process is essential.
Understanding the South Carolina Eviction Process
The eviction process in South Carolina follows a structured legal framework. South Carolina eviction laws in 2025 outline the steps landlords must take to remove a tenant legally. The process begins when the tenant fails to uphold their responsibilities under the lease agreement.
1. Grounds for Eviction in South Carolina
South Carolina state law allows landlords to evict tenants for several reasons, including:
Non-payment of rent – If a tenant fails to pay rent on time, the landlord can issue an eviction notice.
Lease violations – The landlord can begin eviction proceedings if the tenant violates the lease agreement by engaging in prohibited activities, such as unauthorized pets or illegal use of the rental premises.
Lease termination – If the lease term has ended and the tenant refuses to vacate, eviction may be necessary.
Property damage or illegal activities – Significant damage to the rental unit or criminal activities on the property are valid reasons for eviction.
2. Providing Proper Notice to the Tenant
Before a landlord can evict a tenant, they must serve a written notice according to South Carolina eviction laws. The type of notice depends on the reason for eviction:
5-Day Notice to Pay Rent – If the tenant fails to pay rent, the landlord must provide a 5-day notice before filing an eviction lawsuit.
14-Day Notice to Cure Lease Violation – If the tenant violates the lease agreement, they are given 14 days to correct the issue.
30-day Notice to Vacate — Landlords must give tenants a 30-day notice period to leave the rental property upon lease termination.
3. Filing an Eviction Lawsuit
If the tenant does not comply with the eviction notice, the landlord files an eviction lawsuit in the magistrate court. The court issues a Rule to Show Cause, requiring the tenant to respond to the eviction filing. The eviction process begins when the tenant either fails to respond or contests the eviction.
4. The Eviction Hearing and Court Ruling
After the eviction filing, a court hearing is scheduled. During the eviction hearing, both the landlord and tenant present their case. If the tenant fails to appear, the judge may issue a default judgment in favor of the landlord. In contested cases, a jury trial may be requested by either party. The magistrate court will determine if the eviction is lawful under South Carolina law.
5. Issuing a Writ of Ejectment
If the landlord wins the lawsuit, the court issues a Writ of Ejectment, allowing the eviction to proceed. The tenant must vacate the rental unit within a specified time. Local law enforcement, such as the deputy sheriff, will enforce the eviction order if the tenant refuses to leave.
6. Removing the Tenant and Their Belongings
South Carolina eviction laws require a law enforcement officer to oversee the eviction. If the tenant does not leave voluntarily, the sheriff removes the tenant’s belongings from the rental premises. Tenants should seek legal advice if they believe the eviction was unlawful.
7. What Happens After an Eviction?
Once the eviction is complete, the landlord can take steps to recover losses. This may include collecting unpaid rent, applying the security deposit toward damages, and seeking additional compensation through a circuit court if necessary. Landlords must also follow South Carolina state law regarding handling tenant belongings left behind after an eviction.
Key Considerations for South Carolina Landlords
Security Deposit Handling – Landlords must return security deposits within 30 days unless deductions for damages apply.
Elderly Tenants and Special Considerations – Ill or elderly tenants may have additional legal protections under South Carolina residential landlord-tenant laws.
Legal Compliance – Following the correct eviction laws prevents landlord-tenant disputes and potential lawsuits.
Reasonable Attorney’s Fees – In some cases, landlords can recover legal fees if the lease agreement allows for it.
Essential Services and Repairs – Landlords must maintain habitable conditions in the rental unit. If essential services such as water or heat are withheld, tenants may have grounds for legal action.
8. Avoiding Eviction Issues with Proper Property Management
The best way to handle an eviction is to prevent it from happening in the first place. Proper tenant screening, clear lease agreements, and regular rent payments help landlords avoid the need for eviction proceedings. Landlords should:
Conduct thorough background checks on prospective tenants.
Clearly outline rent payment terms in the lease agreement.
Communicate with tenants about lease violations before filing an eviction notice.
Offer payment plans if a tenant struggles with non-payment of rent.
9. How South Carolina Legal Services Can Help
Landlords unfamiliar with eviction laws should seek legal advice from South Carolina legal services or consult a real estate attorney. Understanding Tenant Act regulations and South Carolina eviction laws ensures smooth processes and legal compliance.
10. Common Mistakes to Avoid in the Eviction Process
Failing to Give Proper Notice – An eviction notice must follow South Carolina law to be valid.
Not Documenting Lease Violations – Keep records of lease violations, unpaid rent, and communications with tenants.
Attempting a Self-Help Eviction – Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order.
Ignoring Tenant Protections – Special protections exist for ill or elderly tenants and those facing hardship.
Skipping Court Procedures – The eviction process requires court involvement, and bypassing it can lead to legal penalties.
Key Takeaways on Evictions in South Carolina
The eviction process in South Carolina requires landlords to follow legal procedures to protect their rental property and comply with South Carolina eviction laws. Whether dealing with unpaid rent, lease violations, or lease termination, understanding the steps involved ensures a smooth legal process. If you are a South Carolina landlord facing an eviction situation, consult legal professionals or resources such as South Carolina Legal Services for guidance.
Handling evictions correctly protects both landlords and tenants while ensuring compliance with state laws. The more informed landlords are about eviction proceedings, the better prepared they will be to handle rental property challenges efficiently and legally.
For more information on property management and landlord resources, contact Oak Trust Properties today!
