South Carolina Law: Plain-English Guides

Key South Carolina facts

Security deposit deadline

30 days after termination of the tenancy and delivery of possession and demand by the tenant. S.C. Code § 27-40-410(a)

Eviction 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. S.C. Code § 27-40-710(B); § 27-37-10(B)

Small claims limit

$7,500 for civil claims, including contract debts, personal injury and property damage, recovery of personal property and damages for unreturned rental property. S.C. Code 22-3-10, 22-3-20

Small estate affidavit

If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once… S.C. Code § 62-3-1201

Cost of a protective order

The clerk cannot charge a fee to file a petition for an order of protection, and there is no charge to the petitioner for mailing or serving the order. S.C. Code §§ 20-4-40(f), 20-4-65, 20-4-80

Minimum wage

South Carolina has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour. Fair Labor Standards Act (federal minimum wage)

Final paycheck if fired

Within 48 hours of separation or by the next regular payday, which may not be more than 30 days later. S.C. Code § 41-10-50

Time limit to sue on a debt

3 years for an action on a contract, obligation or liability, express or implied (written or oral). Instruments under seal are excepted. S.C. Code 15-3-530(1); 15-3-520