Eviction in Berkeley County, South Carolina

Where eviction cases are filed in Berkeley County, what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Berkeley County

Eviction court: Berkeley County Magistrate Court — Magistrate (summary) court Court page
Notice before filing (state law): If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. South Carolina rules
Renter households: 23,850 (26% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-28

Where eviction cases are filed in Berkeley County

Eviction cases in Berkeley County are heard by the Berkeley County Magistrate Court (Magistrate (summary) court).

Court eviction page

The landlord files the eviction with the proper magistrate court, and the court's constable serves it. If the tenant neither moves nor requests a hearing, the landlord may file for a writ of ejectment; at execution the constable or Sheriff's deputy keeps the peace while the landlord's own crew removes belongings.

How eviction cases work locally

Writ execution	After the writ of ejectment is served, the constable or Sheriff's Department meets the landlord at the property; the landlord must bring a crew to remove the tenant's belongings, and officers only keep the peace. Source: Official source

The South Carolina eviction process

South Carolina state law sets the notice periods and court steps everywhere in the state, including Berkeley County:

Notice: 5-day nonpayment notice (or conspicuous lease clause) / 14-day breach notice / 30-day month-to-month notice (§§ 27-40-710, 27-40-770, 27-37-10)
Landlord applies to the magistrate; magistrate issues a Rule to Vacate or Show Cause (§ 27-37-20)
Tenant has 10 days after service to vacate or request a hearing/show cause (§ 27-37-20); posting-and-mail service allowed after two failed personal attempts (§ 27-37-30)
If tenant does not respond, warrant/writ of ejectment issues (§ 27-37-40); if contested, hearing (jury on demand) (§ 27-37-60)
If the tenant raises defenses, rent must be paid into court (§ 27-40-790)
Writ of ejectment executed by sheriff/constable; occupants given 24 hours to leave before forcible removal (§ 27-37-160)
Appeal to circuit court stays ejectment only if the tenant files an affidavit to pay rent as it comes due (§ 27-40-800, rewritten by 2026 Act 252, eff. June 30, 2026)

Full South Carolina eviction rules with sources →

Rent in Berkeley County

Median gross rent in Berkeley County: $1,654/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified. City rules, if any, are on city pages.

Eviction help in Berkeley County

Free legal help

South Carolina Legal Services - Charleston office — Nearest office listed: 2803 Carner Ave, North Charleston, SC 29405; (843) 720-7044 or toll-free (888) 720-2320. SCLS's Housing Law Center (schousinglaw.org) has eviction information and a guided interview to apply for help.

Tenant and eviction lawyers in Berkeley County

Other South Carolina counties

Frequently asked questions

Where do I file an eviction in Berkeley County?

Eviction cases in Berkeley County are filed with the Berkeley County Magistrate Court.

Where can I get help with an eviction in Berkeley County?

South Carolina Legal Services - Charleston office.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.