South Carolina Eviction Process Timeline Explained

If you’re a renter in South Carolina, facing a possible eviction can feel overwhelming. Knowing what to expect at each step of the eviction process gives you the power to respond effectively and protect your rights. In this guide, we break down the timeline, official notices, required forms, and your rights under state law.

Who Handles Residential Evictions in South Carolina?

In South Carolina, residential eviction cases are handled by the South Carolina Magistrate Courts. All filings, hearings, and judgments related to evictions proceed through this court system.

South Carolina Eviction Timeline: Steps and Deadlines

Eviction in South Carolina follows a legal process with specific timeframes. Here’s what usually happens:

1. Notice to Vacate or Cure

• Nonpayment of Rent: The landlord must give you a 5-day written notice, unless your lease states otherwise. This is usually called a "5-Day Notice to Quit."
• Lease Violations: For other violations (such as unauthorized pets), you must get a 14-day written notice to correct the issue or leave.

You can find details on required notices in the South Carolina Residential Landlord and Tenant Act, Section 27-40-710.^[1]

2. Summons and Complaint Served

• If you don’t move out or fix the lease violation after your notice period, your landlord can file an eviction case ("Rule to Show Cause") with the Magistrate Court.
• You’ll be served with an official summons and complaint, usually delivered by the county sheriff.

Official Form: Rule to Show Cause - Form SCCA/732
Used by the court to notify you of the case, your hearing date, and your right to respond. If you receive this, read it carefully and prepare for your hearing.

3. Responding to the Court

• SOUTH CAROLINA DOES NOT HAVE A SPECIAL EVICTION ANSWER FORM. To contest the eviction, you must appear at the hearing scheduled on the Rule to Show Cause notice, or file a written explanation to the court before the hearing date.
• If you do not respond or appear, the landlord may get a default judgment against you.

4. Court Hearing & Judge’s Decision

• The court will hear both sides and make a ruling.
• If you win, you can stay. If the landlord wins, the court will issue a writ of ejectment.

5. Writ of Ejectment

• If an eviction is granted, the landlord gets a Writ of Ejectment - Form SCCA/733 issued by the court.
• The sheriff will deliver this notice to you. You generally have 24 hours to vacate before forced removal.

Evictions are final unless you appeal the decision within 5 days of judgment.

South Carolina Eviction Forms and How They’re Used

• 5-Day Notice to Quit (Nonpayment): Landlords must provide this in writing. There’s no state-mandated form, but many landlords use written templates. If you pay rent owed within 5 days, the eviction cannot proceed.
• Rule to Show Cause – Form SCCA/732: Used by the court to notify renters of the eviction case, with a required hearing date. Always read this carefully and respond – by appearing at the hearing or by submitting a written statement.
• Writ of Ejectment – Form SCCA/733: The court issues this to allow the sheriff to carry out a physical eviction if you don’t leave after judgment.

You can access all official forms on the South Carolina Judicial Department – Forms page. For more on the court process, see the Magistrate Court website.

Your Rights as a South Carolina Renter

The South Carolina Residential Landlord and Tenant Act protects renters from illegal evictions and sets out required procedures landlords must follow. You have the right to:

• Receive proper advance notice before an eviction case starts
• Dispute the eviction in court
• Request more time or an appeal if you lose
• Remain in your unit until a court or sheriff orders you to leave

Step-by-Step: What to Do If You Receive an Eviction Notice

• Read the notice or court papers carefully. Note all dates and reasons listed.
• Gather your documents. Collect your lease, rent receipts, repair requests, or communications with your landlord.
• Consider contacting legal aid or a tenant counselor if you need help preparing.
• Attend all court hearings. If you cannot appear, contact the Magistrate Court immediately.
• Take action before deadlines. If you wish to pay rent, correct a violation, or file an appeal, act promptly.

Quick action gives you more options and better protection under South Carolina law.

Frequently Asked Questions: Eviction in South Carolina

1. How much notice does my landlord have to give before filing for eviction?
   The minimum notice is usually 5 days for nonpayment of rent, and 14 days for lease violations, unless your lease says otherwise.
2. Can I stop an eviction by paying back rent?
   Yes, if you pay all past-due rent within the 5-day notice period, the landlord cannot proceed with eviction for nonpayment.
3. What happens if I miss my court hearing?
   Missing your hearing can result in a default judgment and a writ of ejectment being issued. Attend or contact the court as soon as possible if you cannot make it.
4. Can I appeal an eviction judgment?
   Yes, you have 5 days after the judgment to file an appeal with the Magistrate Court.
5. Where can I find official forms and more information?
   All eviction forms and information are available on the South Carolina Judicial Department Forms page.

Key Takeaways for South Carolina Renters

• The eviction process involves several required notice periods, official forms, and a court hearing before a renter can be removed.
• Renters have important rights, including written notice and an opportunity to respond in court.
• It is crucial to respond promptly and attend all court hearings to protect your rights.

Need Help? Resources for Renters

• South Carolina Magistrate Courts – Handles all residential eviction cases
• South Carolina Legal Services – Free legal help for eligible renters
• SC Judicial Department – Eviction & Housing Forms
• South Carolina Residential Landlord and Tenant Act
• U.S. HUD: South Carolina Tenant Rights

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1. South Carolina Residential Landlord and Tenant Act, Title 27, Chapter 40
2. South Carolina Magistrate Courts – Eviction Information
3. South Carolina Judicial Department – Court Forms

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