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What is the eviction process in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

South Carolina eviction is governed by the Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40) and ejectment under Title 27, Chapter 37.

1. Notice

  • Nonpayment: 5-day written notice to pay or quit (S.C. Code § 27-40-710(B)). However, if the lease conspicuously notifies the tenant in writing that no notice is required, landlord may file immediately upon default (waived 5-day notice).
  • Material noncompliance: 14-day notice to cure (§ 27-40-710(A)). Lease terminates 30 days from notice if not cured. Repeat breach within 6 months — no cure right.
  • Health/safety hazard: 24-hour notice if tenant cannot remedy (§ 27-40-710(A)).
  • Month-to-month termination: 30 days written notice (§ 27-40-770).

    • 2. Filing the Application for Ejectment

    Landlord files an Application for Ejectment in the Magistrate Court of the county where the property sits. Filing fee is approximately $40-$80 plus $10 service.

    3. Service

    Magistrate clerk issues a Rule to Vacate or Show Cause, served by certified mail or personal service.

    4. Tenant Answer

    Tenant has 10 days to file a written answer requesting a hearing (§ 27-37-30). If no answer, magistrate issues an order of ejectment.

    5. Hearing

    If tenant answers, magistrate sets a hearing within 10-30 days. Either party may demand a jury (jury fee applies). Tenant may pay all rent owed plus costs to dismiss a nonpayment case before judgment.

    6. Order of Ejectment and Writ

    If landlord wins, magistrate issues an Order of Ejectment. Tenant has 5 days to appeal to Circuit Court. After appeal period (or if no appeal), writ of ejectment may issue.

    7. Constable Set-Out

    Constable serves the writ giving tenant at least 24 hours to vacate, then conducts the lockout.

    8. Tenant Defenses

    Landlord's failure to maintain habitability (S.C. Code § 27-40-440), retaliation (§ 27-40-910), security deposit violations (§ 27-40-410), illegal lockout (§ 27-40-660 — actual damages, costs, attorney's fees), and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Lease waives the 5-day notice
    • You want to appeal to Circuit Court
    • Landlord changed locks or shut off utilities
    Related Statutes & Laws
    • S.C. Code § 27-40-710
    • S.C. Code § 27-40-770
    • S.C. Code § 27-40-440
    • S.C. Code § 27-40-660
    • S.C. Code § 27-37-30

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.