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Pay or Quit – Sent when rent is overdue. It gives notice before eviction can begin.
Cure or Quit – Used for lease violations that may be corrected.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a monthly rental with advance notice.
Notice to Quit for Illegal Activity – Issued for illegal activity at the property.
Eviction Laws
- Rent Grace Period: No statutory grace period.
- Non-Payment of Rent: 5 days.[1]
- Non-Compliance: 14 days.[2]
- Termination (Month-to-Month Lease): 30 days.[3]
- Eviction Lawsuit Type: Recovery of Real Property.[4]
- Utility Shutoff – If a landlord willfully interrupts essential services such as electricity, gas, heat, or running water, the tenant may terminate the lease and/or recover up to three months’ rent or twice their actual damages, including attorney’s fees.[5]
- Changing the Locks – A landlord may not unlawfully remove or exclude a tenant from the premises. If this occurs, the tenant may terminate the rental agreement and/or recover up to three months’ rent or twice their actual damages, including attorney’s fees.[5]
How to Evict a Tenant in South Carolina (Step-by-Step)
Step 1: Serve Written Notice on the Tenant
Before going to court, the landlord must serve the tenant with written notice based on the reason for eviction. If the tenant does not cure the violation or move out within the required time, the landlord may proceed to court.
Step 2: File an Application for Ejectment
The landlord must file an Application for Ejectment (SCCA/732) with the Magistrate’s Court in the county where the rental property is located. For unpaid rent cases, the Affidavit and Itemization of Accounts (SCCA/716) must also be filed.
The court will issue a Rule to Show Cause (SCCA/733A) and set a hearing date. The filing fee for an eviction action is $150.[6]
Step 3: Obtain Judgment and Writ of Ejectment
If the tenant fails to respond or the court rules in favor of the landlord, the judge will issue a Writ of Ejectment (SCCA/734) within five days of judgment. The sheriff must then give the tenant 24 hours’ notice before physically removing them from the premises.
Court Forms & Resources
- Application for Ejectment (SCCA/732) – Filed by the landlord to begin an eviction case after the required notice to quit has been properly served.
- Affidavit and Itemization of Accounts (SCCA/716) – Required in non-payment cases to itemize unpaid rent and charges owed by the tenant.
- Rule to Show Cause (SCCA/733A) – Issued by the court to notify the tenant that an eviction action has been filed and to require a response or vacancy within ten (10) days.
- Writ of Ejectment (SCCA/734) – Issued after a landlord wins the case, authorizing the sheriff to remove the tenant from the property.
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