Illegal Eviction Procedures in South Carolina

South Carolina landlords must follow specific rules and procedures when evicting a tenant (see the article How Evictions Work: What Renters Need to Know, on this site). The state forbids landlords from taking the law into their own hands. Examples of illegal “self-help” evictions include changing the locks, removing the front door, or turning off the heat or electricity—all of which may be the basis for a tenant suing a landlord. A tenant may sue for three months’ rent or twice the actual damages in South Carolina, whichever is greater. A court in South Carolina may also award a tenant court costs and attorney fees.

If you decide to sue your landlord for an illegal eviction, check South Carolina law (you’ll find South Carolina  rules prohibiting self-help evictions at S.C. Code Ann. § 27-40-660). See the Laws and Legal Research section of this site for advice on finding and reading statutes.

It’s also a good idea to get advice from a local tenants’ rights group in South Carolina. The U.S. Department of Housing and Urban Development (HUD) website includes information on tenant advocates for each state.  See http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/tenantrights for details. 

Finally, consider consulting an experienced tenants’ lawyer.  See the article Tips on Hiring and Working With Lawyers on this site for advice.

For a wide range of other articles of interest to tenants, see the Renters’ and Tenants’ Rights section on this site.