South Carolina Eviction Laws
South Carolina rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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. S.C. Code § 27-40-710(B); § 27-37-10(B)
The rules in South Carolina
| Notice for unpaid rent | 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. Ch. 37 text: https://www.scstatehouse.gov/code/t27c037.php |
|---|---|
| Notice for lease violations | Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. Attorney's fees available for willful noncompliance. Source: S.C. Code § 27-40-710(A) |
| Lockouts & utility shutoffs | If the landlord unlawfully removes or excludes the tenant or willfully diminishes/interrupts essential services, the tenant may recover possession or terminate, and recover the greater of 3 months' periodic rent or twice actual damages, plus reasonable attorney's fees. On termination the landlord must return the deposit per § 27-40-410. Source: S.C. Code § 27-40-660 |
How an eviction case works in South Carolina
Eviction cases are heard in: Magistrate (summary) court in the county where the property is located.
- 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)
Landlords: how to evict a tenant in South Carolina — steps, costs, timeline and forms.
Eviction court and fees by county
- Greenville County (Greenville)
- Richland County (Columbia)
- Charleston County (Charleston, North Charleston)
- Horry County (Myrtle Beach)
- Spartanburg County (Spartanburg)
- York County (Rock Hill)
- Lexington County (Lexington)
- Berkeley County
- Anderson County
- Beaufort County
- Florence County
- Aiken County
- Dorchester County
- Pickens County
Free calculators
- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
South Carolina vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| South Carolina | 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. S.C. Code § 27-40-710(B); § 27-37-10(B) | Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. S.C. Code § 27-40-710(A) | If the landlord unlawfully removes or excludes the tenant or willfully diminishes/interrupts essential services, the tenant may recover possession or terminate, and recover the greater of 3 months' periodic rent or twice actual damages, plus reasonable attorney's fees. S.C. Code § 27-40-660 |
| Georgia | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) | No statutory cure period. Landlord must demand possession before filing for eviction, and lease notice terms must be followed. For leases entered into or renewed on or after July 1, 2024, the demand for possession must be posted in a sealed envelope conspicuously on the door of the property and also delivered by any additional method agreed in the lease. O.C.G.A. § 44-7-50(a), (d) (as amended by HB 404, 2024) | Self-help eviction is illegal: landlord cannot remove a tenant or block access without the court dispossessory process. A landlord may not knowingly and willfully suspend a tenant's utility service before the final disposition of a dispossessory case the landlord has filed against that tenant; 'utilities' means cooling, heat, light, and water service. Violation is a crime punishable by a fine of up to $500. O.C.G.A. § 44-7-14.1 (definition amended by HB 404, 2024); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 7, 12, 17 |
| North Carolina | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2) | No statutory cure or notice period. Eviction for a lease violation is allowed only if the lease provides that the tenant's estate ends (forfeiture/re-entry clause) on that breach. N.C. Gen. Stat. § 42-26(a)(2) | Residential tenants may be removed only through the court summary ejectment process; actual or constructive removal (e.g., lockouts, utility cutoffs) is prohibited. Tenant may recover possession or terminate the lease, plus actual damages (no punitive or treble damages). N.C. Gen. Stat. §§ 42-25.6, 42-25.9(a) |
More South Carolina rental law
- South Carolina Security Deposit Law
- South Carolina Notice to Vacate Rules
- Landlord Entry Rules in South Carolina
- South Carolina Repairs & Tenant Remedies
- South Carolina Rent Increase & Late Fee Laws
- Breaking a Lease in South Carolina
- Squatters' Rights in South Carolina
- South Carolina Rental Fee Rules
- South Carolina Section 8, Records & Right to Counsel
- South Carolina Mold, Pests, Heat & AC Rules
- South Carolina Privacy, Guests & Animal Rules
- South Carolina Landlord Selling the House
- South Carolina Lockouts, Utility Shutoffs & Retaliation
- South Carolina Subletting, Lease Endings & Tenant Death
- All South Carolina landlord-tenant rules
- Free legal help in South Carolina
Compare eviction in all 50 states and DC →
South Carolina Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in South Carolina?
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. (S.C. Code § 27-40-710(B); § 27-37-10(B))
How much notice is required to evict for a lease violation in South Carolina?
Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. (S.C. Code § 27-40-710(A))
Can a landlord change the locks or shut off utilities in South Carolina?
If the landlord unlawfully removes or excludes the tenant or willfully diminishes/interrupts essential services, the tenant may recover possession or terminate, and recover the greater of 3 months' periodic rent or twice actual damages, plus reasonable attorney's fees. (S.C. Code § 27-40-660)
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.