Last Updated : November 5, 2025 by Chris Bibey
Landlords face many challenges, most of which pale in comparison to evicting a tenant.
If you’re a landlord in South Carolina, or any other state for that matter, you must be prepared for the fact that you could one day come face to face with the tenant eviction process.
In this article, we talk about the finer details of evicting a tenant in SC, including the specific steps you must take to maintain legal compliance.
Just the same as in North Carolina, there are six steps to evict a tenant in South Carolina.
The eviction process starts with giving the tenant a written eviction notice. This notice outlines the reason for eviction and provides a specific time frame to address the issue or vacate the property. The type of notice depends on the circumstances:
The notice should clearly state the issue, the time to comply, and the consequences of non-compliance. Retain a copy of the notice and proof of delivery, as this may be required in court. If the tenant complies by addressing the issue or leaving, the process ends here. Otherwise, the landlord proceeds with legal action.
If the tenant does not respond to the notice, the landlord must file an application for ejectment at the Magistrate Court. This involves submitting the necessary paperwork and paying applicable fees. Important details include:
The court assigns a case number and schedules further proceedings. Filing is a critical step as it formalizes the eviction and notifies the court of the dispute. Accurate documentation ensures the process moves forward without delays. If the tenant contests the filing, the case progresses to the next step: serving the tenant.
After filing the eviction lawsuit, the landlord must serve the tenant with the court notice, called the rule to show cause. Service can be carried out by:
The notice informs the tenant of the case and their right to respond. Proper service is mandatory; failure to follow legal procedures can delay or dismiss the case. Keeping a record of service is important for the court proceedings. If the tenant avoids service, the landlord may need to request alternative methods approved by the court.
The tenant has 10 days to respond to the court notice. Their response can include arguments contesting the eviction or claims of improper notice. Key scenarios include:
This step allows tenants to explain circumstances such as wrongful eviction or procedural errors. Landlords should prepare evidence, including documentation and communication records, to refute these claims. A tenant’s response could lead to further hearings or an eventual ruling. If there is no response, the landlord can request a judgment.
If the tenant contests the eviction, the court schedules a hearing. Both sides present evidence, which may include:
The judge evaluates the evidence and issues a ruling. If the landlord wins, the court grants a writ of ejectment, which authorizes law enforcement to remove the tenant. Tenants typically have five days to vacate voluntarily after the judgment. Landlords should attend the hearing fully prepared to argue their case effectively.
If the tenant does not vacate after the court’s decision, the landlord requests a writ of ejectment. This document allows law enforcement to remove the tenant. The process involves:
Landlords must avoid taking matters into their own hands, such as changing locks or turning off utilities, as self-help evictions are illegal. This final step ensures the landlord regains possession of the property lawfully, with the support of local authorities.
There are times when you have no choice but to start eviction proceedings, but you should first consider all other options.
Before starting eviction proceedings, consider negotiating a move-out agreement with your tenant. This approach, often called "cash for keys," involves offering the tenant financial assistance in exchange for their agreement to vacate the property willingly.
While this may seem counterintuitive, it can save you time, legal fees, and the stress of going through a lengthy eviction process.
Outline the terms clearly in writing, specifying the move-out date and the conditions for receiving payment. Be empathetic and approach the conversation professionally, emphasizing how this solution benefits both parties. This method often leads to a quicker resolution, helps avoid damaging the tenant's rental history, and allows you to regain control of your property without legal battles.
If nonpayment of rent is the issue, offering a payment plan could be a win-win solution. Sometimes tenants face temporary financial hardships and may be able to catch up if given the chance. Discuss their situation and see if they can make partial payments toward the overdue rent over time while keeping up with their current obligations.
Document the agreement in writing, including the repayment schedule, amounts due, and consequences for missed payments. This approach shows good faith on your part, potentially maintaining a positive landlord-tenant relationship while ensuring you recover some of the lost income.
It may be unconventional, but It’s an option worth considering before pursuing costly and time-consuming legal actions.
If managing tenants and dealing with evictions has become more stress than it’s worth, selling your South Carolina rental property may be the best option.
Many landlords find that the hassles of landlording no longer align with their financial goals or lifestyle. Selling your property can free you from the responsibilities of tenant management and allow you to reinvest your equity elsewhere.
Consider selling to a real estate investor or a company that specializes in buying rental properties. These buyers are often willing to purchase homes with existing tenants, saving you the trouble of evicting anyone.
Alternatively, you can sell the property after ensuring it’s vacant, potentially increasing its market value. By selling, you can step away from the challenges of property management and focus on less stressful investments.
These are the most common questions associated with evicting a tenant in SC.
What are the legal reasons for eviction in South Carolina?
Landlords can evict tenants for nonpayment of rent, lease violations, or the end of a lease agreement. Proper notice must be served for any of these reasons before starting the eviction process.
How long does the eviction process take in South Carolina?
The timeline varies but typically takes 30-60 days, depending on court availability and tenant responses. Delays may occur if the tenant contests the eviction or avoids service.
Can landlords evict tenants without a lease in South Carolina?
Yes, landlords can evict month-to-month tenants by providing a 30-day written notice to vacate. If the tenant does not leave after the notice period, the landlord can file for eviction.
What happens if a tenant refuses to leave after an eviction ruling?
If the tenant does not vacate after the court’s decision, the landlord can request a writ of ejectment. Law enforcement will then enforce the writ and remove the tenant.
Are tenants responsible for rent during the eviction process?
Yes, tenants are legally obligated to pay rent until they vacate the property. However, landlords may need to recover unpaid rent through a separate legal action.
Can landlords perform a self-help eviction in South Carolina?
No, self-help evictions, such as changing locks or shutting off utilities, are illegal. Evictions must follow the legal process to avoid penalties and lawsuits.
What should landlords do if tenants damage the property during an eviction?
Landlords can withhold the security deposit to cover repair costs, provided they document the damages and follow state laws on deposit handling. If damages exceed the deposit, landlords can file a civil suit to recover additional costs.
Overall, you should do whatever you can to avoid evicting a tenant. However, if you’ve exercised all your options and are still in the same place, it’s time to take the six steps above.
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