Squatters' Rights in South Carolina
South Carolina rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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). S.C. Code 27-37-200 to 27-37-350 (2026 Act No. 252, H.3387)
The rules in South Carolina
| Squatters / unauthorized occupants | 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. Effective June 30, 2026. Filing fees equal those in the court of common pleas (27-37-220). |
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| Belongings left behind | If the unit is abandoned or the lease has ended and the tenant removed a substantial portion of belongings or permanently shut off utilities, and the property left behind is worth $500 or less, the landlord may enter (by force if needed) and dispose of it; otherwise the landlord may remove property only through the ejectment process (27-37-10 to -150). Belongings put on a public street after an eviction are removed by municipal/county officials after 48 hours (excluding weekends and holidays), or by the landlord as trash where no public collection exists; the eviction notice must tell the tenant this. No statutory storage period or sale procedure. Abandonment is presumed after 15 days' unexplained absence following rent default (immediately if the tenant shut off utilities). Landlord not liable for disposal under 27-40-730(d) even if property exceeded $500 unless grossly negligent (27-40-730(f)). |
Related questions
South Carolina vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| South Carolina | 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. S.C. Code 27-37-200 to 27-37-350 (2026 Act No. 252, H.3387) | If the unit is abandoned or the lease has ended and the tenant removed a substantial portion of belongings or permanently shut off utilities, and the property left behind is worth $500 or less, the landlord may enter (by force if needed) and dispose of it; otherwise the landlord may remove property only through the ejectment process (27-37-10 to -150). Belongings put on a public street after an eviction are removed by municipal/county officials after 48 hours (excluding weekends and holidays), or by the landlord as trash where no public collection exists; the eviction notice must tell the tenant this. No statutory storage period or sale procedure. Abandonment is presumed after 15 days' unexplained absence following rent default (immediately if the tenant shut off utilities). S.C. Code 27-40-730; 27-40-710(D) |
| Georgia | Two tracks, both without a regular eviction. (1) Intruder affidavit: the owner (or agent/attorney) swears an affidavit that they claim possession in good faith and the named occupant does not, and gives it to the sheriff, deputy, constable, marshal or other POST-certified officer, who shows it to the occupant and removes them once 3 days have passed, unless the occupant tenders a counteraffidavit claiming a good-faith legal right to possession. A counteraffidavit sends the matter to a nonjury magistrate court trial; if the occupant's claim is not meritorious, removal follows by writ of possession, and the court may award fair-market rent for the occupancy. (2) Criminal 'unlawful squatting' (entering and residing on another's property without the owner's knowledge or consent): the person is cited and has 3 business days to present documentation (e.g., a lease or rent receipts) to the law enforcement agency or face arrest; if documents are produced, a hearing is held within 7 days, and fake or non-meritorious documents lead to removal, arrest and a fine based on fair-market monthly rent. Misdemeanor. O.C.G.A. §§ 16-7-21.1; 44-11-30 to 44-11-33; 15-10-2(a)(18)-(19) (HB 1017, 2024 Georgia Squatter Reform Act) | A writ of possession authorizes removing the tenant and the tenant's belongings; the property may be placed on the landlord's land or other property designated with the executing officer's approval (e.g., sidewalk or street). The landlord is not a bailee and owes the tenant no duty for the property, which is treated as abandoned once the writ is executed. No statutory storage period or sale notice for evicted tenants' belongings. O.C.G.A. § 44-7-55(c) |
| North Carolina | Expedited court removal, effective December 1, 2025. The owner or an authorized representative files a complaint with the clerk (or a magistrate if the clerk's office is closed) in the county where the property is located; it may be addressed to 'John (and/or Jane) Doe and all Occupants'. The complaint must allege that: the occupant entered after the owner acquired the property; the property was not open to the public; the owner told the occupant to leave; the occupant is not a tenant or owner; there is no valid rental agreement or contract for deed; no rent was ever demanded or paid; and no related litigation is pending. The sheriff serves the papers personally or by posting on the front door within 24 hours. A magistrate holds a hearing within 48 hours after service. If the owner wins, the order gives possession and requires the occupant to leave within no more than 4 hours after service of the order. An occupant who appeals must post a bond of at least $10,000. Failing to leave as ordered is criminal trespass, and the owner may move leftover belongings to or near the property line. A person wrongfully removed may sue for possession and actual damages. N.C. Gen. Stat. §§ 14-159.50 to 14-159.56 (S.L. 2025-88, S.B. 55) | After eviction: once the landlord is put in possession by a writ, the landlord must hold the property for 7 days, may move it for storage but may not discard or sell it during that period, and must release it on the tenant's request. After 7 days the landlord may dispose of it or sell it. A sale requires written notice to the tenant by first-class mail at least 7 days before the sale, giving the date, time, and place and stating that any surplus goes to the tenant on request and then to the county. If the property is worth less than $500 in total, it is deemed abandoned 5 days after the writ is executed. For property worth $750 or less that is abandoned or left at an eviction, the landlord may instead give it to a nonprofit that stores it for 30 days and releases it free to the tenant. This option requires posting a notice at the unit and the rent office (30 days) and mailing it to the tenant. Abandonment is presumed 10+ days after the landlord posts a notice of suspected abandonment inside and outside the unit with no response. N.C. Gen. Stat. § 42-25.9(d)-(h); § 42-36.2 |
More South Carolina rental law
- South Carolina Security Deposit Law
- South Carolina Eviction Laws
- 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
- 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 squatters & abandoned property in all 50 states and DC →
Squatters' Rights in South Carolina FAQ
How do you remove a squatter in South Carolina?
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. (S.C. Code 27-37-200 to 27-37-350 (2026 Act No. 252, H.3387))
What can a landlord do with a tenant's abandoned property in South Carolina?
If the unit is abandoned or the lease has ended and the tenant removed a substantial portion of belongings or permanently shut off utilities, and the property left behind is worth $500 or less, the landlord may enter (by force if needed) and dispose of it; otherwise the landlord may remove property only through the ejectment process (27-37-10 to -150). Belongings put on a public street after an eviction are removed by municipal/county officials after 48 hours (excluding weekends and holidays), or by the landlord as trash where no public collection exists; the eviction notice must tell the tenant this. No statutory storage period or sale procedure. Abandonment is presumed after 15 days' unexplained absence following rent default (immediately if the tenant shut off utilities). (S.C. Code 27-40-730; 27-40-710(D))
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.