Key Takeaways
- As a landlord, being properly informed on South Carolina eviction laws in your area is incredibly important to facilitate the removal or tenants from rental units.
- There are several different strategies employed by landlords to carry out South Carolina evictions.
- Partnering with a rental property management team can ensure full legal compliance for your rental unit.
The lease obligates residents to observe certain rules and policies. For example, pay rent when it becomes due, maintain the unit’s cleanliness and habitability standards, and not disturb the peace and quiet of other residents and neighbors.
Unfortunately, this is not always the case, especially when dealing with difficult residents.
Luckily for you, under the South Carolina landlord-tenant law, you can evict such residents. You must, however, ensure you strictly follow the law to be successful in this regard. Trying to self-evict, or use any other illegal means to get the resident to leave will fail. You may also risk a South Carolina eviction lawsuit.
In this blog by Tide Property Management, you’ll learn the step-by-step process you must follow to successfully evict a problem resident from your South Carolina rental property.
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What’s the Eviction Process in South Carolina?
Here is a general overview of the South Carolina eviction process:
Just Causes for Eviction
Under South Carolina eviction laws, landlords must have a just cause to evict a resident from their rented premises. The just causes to carry out the eviction process include the following:
Nonpayment of rent.
Staying after the rental agreement has expired.
Violating a term of the lease or rental agreement.
Once you have a legitimate reason to evict the resident, you must then terminate the lease or rental agreement. This will require you to provide the resident with the appropriate eviction notice.
Notices for Lease Termination
The eviction notice to serve the resident must depend on the violation they have committed.
5-Day Notice to Pay Rent or Quit: If the resident hasn’t paid the due rent, you can serve them this written notice. This will essentially communicate to them that they have 5 days to pay the due rent or move out. And unlike some other states, landlords in South Carolina aren’t obligated to provide their residents with a mandatory grace period.
This means that, unless the lease states otherwise, rent becomes due on the 1st of every month.
30-Day Notice to Quit: This is for residents who don’t have any lease agreements or are on month-to-month leases or rental agreements. The eviction notice gives the resident up to 30 days to vacate the unit
If the resident doesn’t pay monthly, you must use a different notice period. For example, if the resident pays rent weekly, you must use a 7-Day Notice to Quit.
14-Day Notice to Cure or Vacate: This is meant for residents who commit minor lease violations. Examples include having an unauthorized pet, parking in the wrong spot, or failing to maintain the unit’s safety and health conditions.
The eviction notice grants the resident up to 14 days to fix the issue or move out. If they don’t do either, you can file a lawsuit against them in court.
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Serving a Resident with an Eviction Notice
Just like most other states, South Carolina landlords must follow a certain method when delivering eviction notices to residents. In South Carolina, landlords have two options to consider.
Personal delivery to the resident.
Service through mailing (certified or registered).
When using mailing services, though, landlords must allow an extension of the notice period by 5 calendar days.
Tenant Eviction Defenses in South Carolina
South Carolina residents must respond to the Order to Show Cause within 10 days after being served. This affords them a chance to respond to the eviction complaint.
The following are some of the defenses the resident can give.
They paid the due rent within the notice period.
They didn’t cause the alleged violation.
The written notice had significant errors.
The eviction was in retaliation after the resident acted on a legal right, such as joining a tenants’ union.
The eviction was based on any of the fair-housing protected classes, such as race, color, or religion.
If the court finds that any of these defenses is true, under South Carolina state law, the eviction process will stop. In some cases, however, a landlord may only need to restart it to ensure it aligns with the South Carolina eviction process.
Attending Court Hearing
If the court’s ruling is in your favor, you’ll need to request a Writ of Ejectment. This will be the resident’s final written notice to leave. If the resident doesn’t act on the opportunity to remove their belongings themselves, the sheriff will have no other option but to carry out a forcible removal.
A writ of Ejectment only gives a resident up to 24 hours to self-evict once they are successfully served.
Conclusion
This is the step-by-step eviction process South Carolina landlords must follow to successfully evict tenants from their rental units. Following any other route is bound to fail. Such as, locking out the resident from the unit, removing the tenant's belongings and personal property, or shutting down their utilities.
If you have a question or need expert property management help, look no further than Tide Property Management. We provide rental property owners in Charleston, SC, with full-service property management services. Get in touch to learn more about our services!
Frequently Asked Questions
What should an owner check before starting a South Carolina eviction?
Before taking court action, confirm that the reason for removal is legally recognized, review the lease agreement, and make sure any required South Carolina eviction notice has been handled correctly. Under South Carolina law, nonpayment, expiration of the tenancy, and lease violations can support ejectment, but the required steps differ depending on the reason. Following South Carolina eviction laws carefully can help an owner avoid delays caused by an incorrect notice or premature filing.
What happens after a landlord files an eviction case?
Once the landlord files an application for ejectment, the magistrate can issue a rule requiring the resident to vacate or show cause within 10 days after service. If the resident contests the case, the eviction process may proceed to a hearing where the court considers the evidence. Good records of notices, payment history, communications, and violations give both the landlord and the court a clearer timeline to review.
Can a landlord evict a resident by changing the locks?
No. South Carolina law limits how an owner may recover possession and provides remedies when a resident is unlawfully removed or excluded. Changing locks, shutting off essential services, or otherwise attempting a self help removal can create additional liability. The eviction process should proceed through the legally authorized notice and court procedures instead.
Can a resident stop an eviction by fixing a lease violation?
Sometimes. For certain remediable violations of a lease or rental agreement, South Carolina law generally provides 14 days to correct the breach after written notice. If the problem is properly remedied within that period, the rental agreement may not terminate for that breach. Owners should distinguish these situations from cases involving failure to pay rent, which follow different requirements in the eviction process.
How much notice is required when ending a month to month tenancy?
South Carolina law generally requires at least 30 days of written notice to terminate a month to month tenancy, while a week to week tenancy generally requires at least seven days. The correct notice period matters because a premature filing can complicate the eviction process. A South Carolina eviction notice should clearly reflect the type of tenancy and the legal basis for seeking possession.
Does accepting rent after filing automatically cancel the case?
Not necessarily. In eviction in South Carolina, state law provides that accepting rent after the rule to vacate or show cause has been issued does not automatically waive the landlord’s right to continue seeking ejectment or renew the tenancy. This can be particularly important when a resident continues to pay rent while the case is pending, so owners should keep accurate payment records and avoid making informal agreements that conflict with their legal position.
Can property management reduce the burden of handling an eviction?
Yes. Tide Property Management includes eviction protection among its Charleston property management services and states that, when a resident it placed must be evicted, it will cover eviction costs and waive the leasing fee for the replacement resident. Professional oversight can also help owners maintain documentation, track rent, coordinate notices, and understand what happens when the formal eviction process reaches court. For owners dealing with eviction in South Carolina, that support can reduce the amount of day to day administration involved while helping keep the rental moving toward releasing.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
