Current COVID-19 Eviction Protections for South Carolina Renters

Many renters in South Carolina are still concerned about eviction as the impacts of COVID-19 continue. While several federal and state protections have ended, it's important to understand what support remains, the eviction process, and where to find help if you're at risk of losing your home.

Are COVID-19 Eviction Protections Still in Place in South Carolina?

As of this year, most emergency protections from COVID-19 have expired in South Carolina. The federal CDC eviction moratorium ended in August 2021. Statewide eviction bans or pauses are no longer in effect. However, some renters may still have options for assistance or protections based on local ordinances, ongoing emergency rental assistance, and procedural safeguards in South Carolina's eviction law.

The Current Eviction Process in South Carolina

If you fall behind on rent, South Carolina law allows your landlord to begin eviction proceedings. Here are the main steps renters should expect:

• Notice to Vacate: Landlords must provide written notice (usually a 5-Day Notice to Quit for nonpayment of rent).
• Filing for Eviction: If the issue isn't resolved, the landlord can file a formal eviction complaint with the South Carolina Magistrate Court.
• Court Hearing: The court will review the case, and renters have a right to present their side.
• Writ of Ejectment: If the court rules in the landlord's favor and the tenant does not leave, the court may issue a writ allowing the sheriff to remove the renter.

Available Forms for Renters

• Form SCCA/511: Rule to Show Cause
  When a landlord files for eviction, you may receive a "Rule to Show Cause" from the court. This form notifies you of your right to appear at a hearing to explain why you should not be evicted.
  Example: If you believe your rent was paid or eviction was filed improperly, you would use this court hearing to present your evidence.
  Download SCCA/511: Rule to Show Cause (official SC courts)
• Answer to Complaint (Unnumbered Form):
  You have the right to file a written or oral answer to the eviction complaint to state your defense.
  Example: You might use your answer to explain financial hardship from COVID-19 or clarify a misunderstanding about your lease.
  File at your local magistrate court. Find your Magistrate Court

Rental Assistance Still Available

While eviction moratoriums have ended, some emergency rental assistance programs may still have funds for qualifying renters. Programs like the SC Stay Plus Program offered help with past-due rent and utilities, though availability changes as funding is spent.

Which Laws and Organizations Protect South Carolina Renters?

Residential tenant protections in South Carolina are covered under the South Carolina Residential Landlord and Tenant Act. The tribunal for these matters is the South Carolina Magistrate Court, where eviction hearings take place.

• South Carolina Residential Landlord and Tenant Act: Sets out renter and landlord rights. Read the legislation here.
• South Carolina Magistrate Court: Handles eviction filings, hearings, and appeals. Learn about your local Magistrate Court.

Consult these resources and the court for the most accurate and current information about your rights.

Frequently Asked Questions

1. Are there any statewide COVID-19 eviction bans still active in South Carolina?
   No, all statewide COVID-19 eviction bans have expired. However, renters can still request help or raise defenses if COVID-19 has impacted their ability to pay rent.
2. Can I get emergency rental assistance in South Carolina now?
   Some programs, such as the SC Stay Plus Program, may still offer assistance if funds are available. Check with your local agency or learn more here.
3. What if I get a Rule to Show Cause notice from the magistrate court?
   This means an eviction case has started. Attend the hearing and prepare all evidence or defenses. You can also file an answer before your hearing.
4. Does the CDC eviction moratorium still protect me in South Carolina?
   No, the CDC's eviction moratorium ended in August 2021 and is no longer in effect anywhere.
5. How can I challenge an eviction in South Carolina?
   Respond to the complaint, attend your hearing, present your defense, and consider contacting legal aid for support.

Key Takeaways

• Most pandemic-era eviction bans have expired in South Carolina, but renters still have legal protections and the right to a court hearing before eviction.
• Be sure to check for any remaining rental assistance programs and promptly respond to any court notices.
• Use resources like the South Carolina Magistrate Court and official state housing programs for help.

Need Help? Resources for Renters

• South Carolina Magistrate Court Finder: Locate your local court for filings and hearings.
• SC Stay Plus Emergency Rental Assistance: Apply for available funds to prevent eviction.
• South Carolina Residential Landlord and Tenant Act: Review your rights and obligations as a renter.
• South Carolina Bar – Get Legal Help: Find legal aid services if you need representation in an eviction case.

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1. South Carolina Residential Landlord and Tenant Act
2. South Carolina Magistrate Court Information
3. SC Housing - SC Stay Plus Program

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