South Carolina Eviction Process: A Guide to Legally Removing a Tenant

To legally evict a tenant in South Carolina, landlords must closely follow all state and local eviction laws. Failure to follow the laws might result in a court denying an eviction, which means that the landlord will have to restart the process from the beginning. This article explains the basic rules and procedures that South Carolina state law requires landlords and property managers to follow.

South Carolina Eviction Notice for Cause

Generally, the first step to evict a tenant in South Carolina is for the landlord to terminate the tenancy. To do this, the landlord must have a legally recognized reason, or "cause." In South Carolina, tenants can be evicted for not paying rent, remaining in the rental after their lease has ended, or violating the terms of the lease or rental agreement.

To terminate a tenancy, the landlord is almost always required to give the tenant notice. The type of notice required depends on the reason for the termination.

• 5-Day Notice to Pay Rent: Landlords in South Carolina can begin an eviction for nonpayment of rent when the rent is five days late. As long as the landlord included certain language specified by law in the lease or rental agreement, they are not required to give the tenant any written notice and can proceed directly to court. If the lease or rental agreement doesn't contain this specific language, the landlord must give the tenant a five-day notice to pay rent. The notice must inform the tenant that they have five days to pay rent before the landlord will file for eviction. If the tenant pays rent during the five-day period, the landlord can't file for eviction. (S.C. Code § 27-37-10 (2025); see S.C. Code § 27-40-710(B) for the five-day notice to be included in a lease or rental agreement.)
• 14-Day Notice to Cure: If a tenant has violated the lease or rental agreement—for example, by having pets despite a no-pets rule—the landlord can give the tenant a written notice stating that the tenant has 14 days to fix the violation. If the issue isn't fixed within the 14 days, the landlord can file an eviction lawsuit. (S.C. Code § 27-40-710(A) (2025).)
• Unconditional Quit Notice: If the tenant has participated in illegal activity on the premises of the rental unit, the landlord can give the tenant an unconditional quit notice. This means the tenant doesn't get a chance to fix the issue and must move out immediately. The landlord can file an eviction lawsuit right away. (S.C. Code § 27-40-710(B) (2025).)

An eviction is called an "application for ejectment" in South Carolina. Landlords file applications for ejectment in magistrate court.

South Carolina Eviction Notice Without Cause

If the landlord doesn't have legal cause to terminate the lease or rental agreement, they must wait until the tenancy has expired before expecting the tenant to move. In some cases, the landlord might still need to give the tenant written notice to move.

• Month-to-Month Tenancy: To terminate a month-to-month tenancy, a South Carolina landlord must give the tenant a 30-day notice. This notice should inform the tenant that the landlord is terminating the tenancy and that the tenant must move out by a deadline that's not less than 30 days from the date of the notice. If the tenant doesn't move out by the deadline, the landlord can file for eviction. (S.C. Code § 27-40-770 (2025).)
• Fixed-Term Lease: If the landlord wants the tenant to move but the tenant has a fixed-term lease and there is no legal cause for eviction, the landlord must wait until the end of the lease term before expecting the tenant to move. The landlord isn't required to give the tenant notice to move unless the lease specifically requires it. The landlord can simply expect the tenant to move out by the end of the lease term.

Tenant Eviction Defenses

Even though a landlord might have a valid legal reason to evict a tenant, the tenant may still decide to fight the eviction. The tenant could have a valid legal defense against the eviction, such as the landlord illegally discriminating against the tenant or failing to maintain the rental unit. The tenant's decision to fight the eviction could lead to the eviction lawsuit costing more or the tenant remaining in the rental unit for longer.

Tenants can find detailed information about the fighting the eviction process on South Carolina Legal Services' website.

What Happens After a South Carolina Eviction Judgment?

The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the only person authorized to actually evict the tenant is a law enforcement officer. The landlord must never attempt to force the tenant to move out of the rental unit, as South Carolina law has made this illegal.

Personal property belonging to an evicted tenant may be placed on a public street. The property can be removed by city or county officials after 48 hours has passed—or it can be picked up during regular trash collection even earlier than that. If the rental is in an area without public trash collection, the landlord can dispose of the property after 48 hours have passed. The notice of eviction served on the tenant must inform the tenant of these rules. (S.C. Code § 27-40-710 (2025).)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by South Carolina law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are in place for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost their home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.