Eviction Laws and Tenant Defenses in South Carolina

Facing an eviction in South Carolina can be stressful, but knowing the legal reasons and your possible defenses can empower you. This guide explains valid eviction grounds under South Carolina law, how the process typically works, what defenses tenants may raise, and where to find official forms and support resources.

Legal Reasons Landlords Can Evict in South Carolina

Landlords in South Carolina may only evict tenants for certain reasons as outlined in the South Carolina Residential Landlord and Tenant Act^[1]. Common lawful grounds for eviction include:

• Nonpayment of Rent: If rent is not paid by the due date, landlords may serve a written notice to pay rent or leave (a 5-Day Notice is typical, unless the lease waives this requirement).
• Violation of Lease Terms: Breaking material lease provisions, such as pet restrictions or unauthorized occupants, gives cause for eviction. Tenants generally receive a written 14-Day Notice to cure or vacate.
• End of Lease or No Lease (Holdover): If the lease ends and the tenant remains without permission, the landlord can file for eviction without further notice when the agreement is over.
• Damage to the Property: Causing significant damage (beyond normal wear and tear) is grounds for eviction with appropriate notice.
• Illegal Activity: Engaging in illegal conduct on the premises may result in immediate action.

Eviction Process and Official Forms

All landlord-tenant disputes and eviction cases in South Carolina are processed by the local Magistrate Court in your county.

Key Forms for Renters

• Rule to Vacate or Show Cause (Form SCCA/732):
  
  • When Used: After a landlord files for eviction, the court serves this form to the tenant, notifying them of the eviction action and the right to appear or respond.
  • Renter Example: You receive a document labeled "Rule to Vacate or Show Cause". You must respond by appearing in court or filing an answer within the time frame specified.
  • Official Form SCCA/732
• Answer to Complaint (General Magistrate Form SCCA/734):
  
  • When Used: Tenants use this form to respond to eviction allegations and raise any defenses.
  • Renter Example: If you believe the landlord’s claims are incorrect, use this form to explain your side or legal defenses before your court date.
  • Official Form SCCA/734

You can find all South Carolina Magistrate Court landlord-tenant forms on the South Carolina Judicial Department website.

Possible Tenant Defenses Against Eviction

If you receive an eviction notice, you may have legal reasons (defenses) to challenge it. Some common defenses under South Carolina law include:

• Improper Notice: If the landlord did not provide the legally required written notice, the eviction may be invalid.
• Rent Was Paid: Showing proof that you paid rent in full, on time, can defend against nonpayment allegations.
• Landlord Failed Their Duties: If the landlord did not make necessary repairs or maintain a safe unit, you might raise this as a defense, especially if the issues violate health or safety standards.
• Retaliation or Discrimination: It is illegal for landlords to evict you for reporting housing code violations or for discriminatory reasons under federal or state law.
• Waiver/Acceptance of Rent: If the landlord accepted rent after learning of a lease violation, they might have waived their right to evict on those grounds.

What to Expect During the Eviction Process

Once the landlord files for eviction, you will receive a "Rule to Vacate or Show Cause" notice from the Magistrate Court. You typically have 10 days to respond, either by appearing in court or submitting an answer. Failing to respond may result in eviction by default. If you present a defense, the court will set a hearing, consider evidence from both sides, and then make a decision. If the court rules in favor of the landlord, a writ of ejectment will be issued.

Summary of Key Steps

• Landlord serves a written notice or files for eviction (depending on ground).
• You receive a court summons (Rule to Vacate or Show Cause).
• You may file an Answer (use Form SCCA/734) or appear in court within the deadline.
• The Magistrate Court hears both sides and issues a decision.

FAQ: Evictions and Tenant Defenses in South Carolina

1. What notice does my landlord have to give before filing for eviction?
   Usually, a written 5-day notice for nonpayment of rent (unless waived by lease) or a 14-day notice to fix a lease violation. No notice is required for holdover after the lease ends if the lease says so.
2. Can a landlord evict me for requesting repairs?
   No. South Carolina law prohibits retaliation against tenants for lawfully requesting necessary repairs or reporting violations of housing codes.
3. If I pay the past-due rent after receiving an eviction notice, will the eviction stop?
   If you pay all owed rent within the notice period or before the court hearing, the landlord generally cannot proceed with eviction for nonpayment.
4. What should I do if I disagree with the eviction reasons?
   Complete and file the "Answer to Complaint" form with the Magistrate Court or appear in court on your specified date to explain your defense.
5. Who handles eviction cases in South Carolina?
   The local Magistrate Court in your county is responsible for residential eviction cases.

Conclusion

• South Carolina law sets clear rules for when and how a landlord can evict a tenant.
• Tenants have important rights and possible defenses during the eviction process.
• Use official court forms, respond quickly to notices, and reach out for help if needed.

Understanding your rights and the eviction process can help you take the right steps and avoid surprises if you’re facing a dispute with your landlord.

Need Help? Resources for Renters

• South Carolina Magistrate Court Locator: Find your local court for filings and hearings.
• South Carolina Residential Landlord and Tenant Act: Read the full law covering evictions and tenant rights.
• South Carolina Legal Services: Free or low-cost legal help for eligible renters facing eviction.
• All Magistrate Court Landlord-Tenant Forms
• For urgent housing issues, contact your county's housing authority or local legal aid office.

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1. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
2. South Carolina Magistrate Courts
3. Rule to Vacate or Show Cause, South Carolina Magistrate's Court Form SCCA/732
4. Answer to Complaint, South Carolina Magistrate's Court Form SCCA/734
5. Official landlord-tenant law text

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