How to Evict a Tenant in South Carolina (2026)
The legal steps for landlords in South Carolina — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In South Carolina a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. |
|---|---|
| Lease violation | Written notice specifying the breach; rental agreement terminates on a date at least 14 days after receipt unless the tenant cures within 14 days. Source: S.C. Code § 27-40-710(A) |
| Ending a month-to-month tenancy (no fault) | Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 7 days. Source: S.C. Code § 27-40-770 |
Local rent-control or just-cause rules can limit evictions: No statewide rent cap. Counties and municipalities are prohibited from enacting, maintaining or enforcing rent control on privately owned residential property.
Step 2: Write and deliver the notice correctly
| What the notice must say | If rent is not paid within 5 days of the due date, the landlord may terminate after giving written notice of nonpayment and intent to terminate if rent is not paid within that period. One notice satisfies the requirement for the whole lease term, and no separate notice is needed if the written lease contains, in conspicuous language, the statutory clause 'IF YOU DO NOT PAY YOUR RENT ON TIME - This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.' (or substantially equivalent); the clause carries over to a later month-to-month tenancy. Notice to a tenant is received when delivered in hand or mailed by registered or certified mail to the tenant's designated address or last known residence. |
|---|---|
| How it must be delivered | Under the Act, a tenant receives a notice when it comes to the tenant's attention, is handed to the tenant, or is mailed by registered or certified mail to the tenant's designated address (otherwise, the last known residence). Proof of mailing is enough without proof of receipt. The 5-day nonpayment notice can instead be satisfied by conspicuous lease language ('IF YOU DO NOT PAY YOUR RENT ON TIME…'). The court's rule to vacate is served like a summons. After two failed attempts, it may be posted plus mailed through the magistrate's clerk; if the property has been abandoned for 15 days, it may be posted alone. No statute addresses email or text notices. |
Notice forms:
- South Carolina notice to pay rent or quit — requirements and free draft
- South Carolina notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in South Carolina 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)
Court timing: 10 days after service of the Rule to Vacate or Show Cause to request a hearing / show cause.
Source: S.C. Code §§ 27-37-10 to 27-37-160; 27-40-790, 27-40-800
How much it costs to evict a tenant in South Carolina
Court filing and service fees are set locally. Verified fees in the largest South Carolina counties:
| County | Filing and service fees |
|---|---|
| Greenville County (Greenville) | $40 filing fee for the ejectment (eviction) action; $10 for the writ of ejectment |
| Richland County (Columbia) | $40 filing fee for the ejectment (eviction) action; $10 for the writ of ejectment |
| Charleston County (Charleston, North Charleston) | $40 filing fee (with affidavit); $10 for the writ of ejectment |
| Horry County (Myrtle Beach) | $40 to file an ejectment (eviction) action ($20 filing fee + $10 service fee + $10 surcharge under S.C. Code § 22-3-340; a $5 mailing fee is added only when required by § 27-37-30); $10 for the writ of ejectment |
| Spartanburg County (Spartanburg) | $40 to file an ejectment (eviction) action ($20 filing fee + $10 service fee + $10 surcharge under S.C. Code § 22-3-340; a $5 mailing fee is added only when required by § 27-37-30); $10 for the writ of ejectment |
| York County (Rock Hill) | $40 to file an ejectment (eviction) action ($20 filing fee + $10 service fee + $10 surcharge under S.C. Code § 22-3-340; a $5 mailing fee is added only when required by § 27-37-30); $10 for the writ of ejectment |
| Lexington County (Lexington) | $40 to file an ejectment (eviction) action ($20 filing fee + $10 service fee + $10 surcharge under S.C. Code § 22-3-340; a $5 mailing fee is added only when required by § 27-37-30); $10 for the writ of ejectment |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 7 days. Source: S.C. Code § 27-40-770 |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Since June 30, 2026, a property owner (or representative) may file a verified petition with the clerk of court or chief magistrate to remove 'unlawful occupants' (people with no permission, no legal right to occupy and no tenant protections). The petition must allege, among other things, that the property was not open to the public, the occupants are not tenants/former tenants or immediate family, the owner told them to leave, and there is no pending litigation. For good cause the court must immediately issue an ex parte removal order, with a hearing within 24 hours; the sheriff or constable enforces it and may arrest for trespass. The officer may stand by while the owner changes locks and moves the occupants' belongings to the property line. Violating the ex parte order is a felony (up to 3 years / $3,000). A person wrongfully removed may sue for restored possession, actual damages and $1,000 statutory damages. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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. Source: S.C. Code § 27-40-660 |
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| Retaliation | Landlord may not increase rent above fair-market value, decrease essential services, or bring a possession action because the tenant complained to a code-enforcement agency about a material health/safety violation or complained to the landlord about a violation of the Act. Retaliation is a defense to eviction, but the tenant must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause that the tenant intends to raise it. A retaliating landlord is liable for up to 3 months' rent or treble actual damages, whichever is greater, plus attorney's fees. Source: S.C. Code § 27-40-910 |
| Accepting rent after the notice | No, once an ejectment case is filed. After the court issues the rule to vacate or show cause, the landlord's acceptance of any rent (past-due or newly accruing) does not waive the right to eject or renew the tenancy, and rent keeps accruing while the tenant stays. The Residential Landlord and Tenant Act has no general waiver-by-acceptance section for rent accepted before filing. If a landlord does not sign a lease the tenant signed, accepting rent without reservation makes it binding. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
South Carolina eviction FAQ for landlords
How much does it cost to evict a tenant in South Carolina?
Court fees are set locally — for example, Greenville County (Greenville): $40 filing fee for the ejectment (eviction) action; $10 for the writ of ejectment.
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in South Carolina?
Month-to-month: at least 30 days' written notice by either landlord or tenant. Week-to-week: at least 7 days.
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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.