South Carolina (SC) eviction guide
Quick answer
To evict a tenant in South Carolina, serve the correct written notice (as short as 5 days for nonpayment), then file an Application for Ejectment in Magistrate Court if the tenant does not comply. The court schedules a hearing, and if you win, a Writ of Ejectment is issued giving the tenant 24 hours to leave before law enforcement can remove them. The full process typically takes 4 to 8 weeks from notice to lockout.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity, holdover after lease ends |
|---|---|
| Minimum notice | 5 days (nonpayment) |
| Where to file | Magistrate Court in the county where the property is located |
| Filing fee | About $50 to $115 (varies by county; base Rule to Show Cause fee plus court surcharges) |
| Typical timeframe | 4 to 8 weeks |
Required for nonpayment of rent; if the tenant pays in full within 5 days, the eviction stops.
Required for a material lease violation; the tenant has 14 days to fix the problem or the landlord may file for eviction.
Required to end a month-to-month tenancy with no fault; either party may give this notice.
Landlords do not have to give any notice before filing when the tenant is engaged in illegal activity on the premises.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Correct Written Notice | 5 to 30 days | Deliver the proper written notice to the tenant based on the reason for eviction (nonpayment, lease violation, or lease termination). |
| 2. File an Application for Ejectment in Magistrate Court | 1 to 3 days | If the tenant does not comply, file a Rule to Show Cause at the Magistrate Court in the county where the property is located and pay the filing fee. |
| 3. Serve the Tenant with Court Summons | 3 to 7 days | The court serves the tenant with notice of the hearing; the tenant has 10 days to file a written response. |
| 4. Attend the Court Hearing | 1 to 2 weeks after tenant response | A magistrate hears both sides; bring your lease, notice records, and any evidence of nonpayment or violations. |
| 5. Receive the Judgment and Request the Writ of Ejectment | Same day or within a few days | If the court rules in your favor, request the Writ of Ejectment; it is typically issued within about 5 days of judgment. |
| 6. Law Enforcement Executes the Lockout | 24 hours after writ is served | The tenant has 24 hours after receiving the writ to vacate; a sheriff, deputy, or constable performs the lockout if they do not leave. |
Filing the Rule to Show Cause costs roughly $40 to $75 depending on the county, plus a mandatory court surcharge that brings the typical total to about $65 to $115; adding the Writ of Ejectment costs approximately $10 more. Attorney fees, process server costs, and lost rent can push the total out-of-pocket cost well beyond $500 for a contested case.
After the magistrate rules in the landlord's favor, the court issues a Writ of Ejectment upon the landlord's request, typically within about 5 days of judgment. The tenant then has 24 hours after the writ is delivered to leave voluntarily, after which a sheriff, deputy sheriff, or constable carries out the physical removal. Self-help eviction (changing locks, removing belongings, or shutting off utilities without a court order) is illegal in South Carolina.
General information, not legal advice. Governing statute: S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act) and Title 27, Chapter 37 (Ejectment). Self-help eviction is illegal everywhere; always follow the court process.
South Carolina eviction FAQ
Most uncontested evictions take **4 to 6 weeks** from the date the notice is served to the date the tenant leaves. If the tenant contests the case, files counterclaims, or requests a continuance, the timeline can stretch to **8 weeks or more**. The shortest possible path (nonpayment, no contest) runs about 3 to 4 weeks.
Court filing fees typically run **$65 to $115** in Magistrate Court, depending on the county, plus about **$10** for the Writ of Ejectment. Add process server or sheriff service fees and potentially attorney fees, and a contested eviction can easily cost **$500 to $1,500 or more** in total.
No. South Carolina law requires a court order before a landlord can remove a tenant. Changing the locks, removing the tenant's belongings, or cutting off utilities to force a tenant out is illegal self-help eviction and can expose the landlord to damages.
If the tenant fails to appear at the Magistrate Court hearing, the court will typically issue a **default judgment** in the landlord's favor. The landlord can then request the Writ of Ejectment immediately, and the tenant will have 24 hours to vacate once it is served.
In a nonpayment case, a tenant may file an **undertaking to stay execution**, agreeing to pay ongoing rent as the court determines. However, if the tenant misses a payment by more than 5 days under that agreement, the stay is automatically dissolved and the landlord can proceed with the lockout immediately.
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