South Carolina Eviction Timelines and Court Costs for Non-Payment of Rent

When a tenant falls behind on rent, navigating the eviction process can be stressful for both property owners and renters. In South Carolina, residential evictions are governed by the South Carolina Residential Landlord and Tenant Act (SCRLTA). Under S.C. Code Ann. § 27-40-710, landlords are strictly prohibited from removing a tenant without going through the formal legal process. Whether you are a landlord in Charleston trying to reclaim your property or a tenant in Greenville facing displacement, knowing your rights and deadlines is vital.

Because a single mistake in a court filing can force a landlord to restart the entire process, or lead to a tenant being wrongfully evicted, having professional legal guidance is highly recommended. We encourage you to browse our directory to find an experienced local real estate lawyer in South Carolina who can handle the paperwork and represent you in court.

Step-by-Step Eviction Process in South Carolina

Evictions in South Carolina take place in the Magistrate Court of the county where the rental property is located. By following these required steps, landlords ensure compliance, while tenants can identify any procedural errors to build a defense.

Step 1: Grace Periods and the 5-Day Notice

Before any legal action begins, the landlord must issue a 5-day notice to pay or quit. South Carolina law does not automatically require a grace period unless one is specifically written into the lease agreement. If rent is due on the 1st and there is no grace period, the landlord can hand-deliver or mail the notice on the 2nd. Interestingly, under S.C. Code Ann. § 27-40-710(B), if the lease agreement contains a conspicuous clause stating that rent is due on a certain date and failure to pay within 5 days will result in eviction, the landlord does not need to send an additional written notice each month. The lease itself serves as the notice.

Step 2: Dealing with Independent Contractors and Irregular Income

Tenants who work as independent contractors, freelancers, or gig workers often experience irregular income flows, leading to missed rent deadlines. Unfortunately, South Carolina law does not offer special eviction protections or extended timelines for tenants with irregular income. The 5-day rule strictly applies. However, tenants in this situation can sometimes negotiate a formal payment plan with their landlord. If a payment arrangement is made, it should be documented in writing. If a landlord accepts partial rent after issuing a 5-day notice without a written reservation of rights, they may waive their right to evict for that specific month's non-payment.

Step 3: Filing the Application for Ejectment

If the 5 days pass and the rent remains unpaid, the landlord must go to the local court, such as the Charleston County Magistrate Court, Charleston or the Richland County Magistrate Court, Columbia, to file a formal eviction complaint. The landlord will file a Form SCCA/732, South Carolina, Magistrate Court, Application for Ejectment. The court will then issue a Rule to Vacate or Show Cause, which is served to the tenant. The tenant typically has 10 days from the date of service to answer the court and request a hearing. Precedents like Roche v. Young Bros., Inc. of Florence, 318 S.C. 207 (SC Supreme Court 1995) underline the importance of strict adherence to service of process rules in ejectment actions.

Step 4: The Writ of Ejectment and Sheriff's Lockout

If the tenant does not respond within 10 days, or if the magistrate judge rules in favor of the landlord at the hearing, the court issues a Form SCCA/734, South Carolina, Magistrate Court, Writ of Ejectment. The landlord takes this writ to the county sheriff's office. The sheriff will post a 24-hour warning on the tenant's door. Once those 24 hours expire, the deputies will return to physically execute the lockout, remove the tenant, and allow the landlord to change the locks. The timeframe for the sheriff to schedule the physical lockout varies by county but typically ranges from 2 to 7 days depending on their current caseload.

Court Costs and Attorney Fees

Evictions involve out-of-pocket expenses for the property owner, which they usually try to recover from the tenant in court:

• Filing Fees: Filing an Application for Ejectment in a South Carolina Magistrate Court generally costs between $40 and $45, depending on the specific county.
• Service Fees: Having the sheriff or a private process server deliver the Rule to Show Cause adds an additional $10 to $30.
• Writ of Ejectment Fee: The final writ to execute the lockout costs approximately $10 to $20.
• Lawyer Fees: Hiring a local attorney for an uncontested eviction usually costs a flat fee of $300 to $600. If the tenant requests a jury trial or files a counterclaim, hourly rates of $200 to $350 will apply.

How Long Does the Process Take?

In South Carolina, a standard uncontested eviction for non-payment of rent is relatively fast compared to other states. After the initial 5-day notice expires, the court filing, serving the tenant, the 10-day response period, and the 24-hour physical lockout warning generally complete the entire process within 3 to 5 weeks. If the tenant files a legally valid defense and requests a hearing, the timeline can extend by an additional 2 to 4 weeks based on the magistrate court's availability.

Frequently Asked Questions (FAQ)