South Carolina Eviction Rights for Mobile Home Owners

If you own a mobile or manufactured home and rent a lot in South Carolina, knowing your eviction protections is essential. South Carolina has specific laws to protect mobile home owners from unfair eviction and ensure your rights are respected. This guide explains what mobile home owners should know, how the process works, and important steps to take if you face eviction.

Understanding Mobile Home Eviction Protections in South Carolina

South Carolina law offers specific eviction protections to individuals who own their mobile home but rent the land. These protections are laid out in the South Carolina Manufactured Home Park Tenancy Act. This law requires landlords to follow certain procedures and timelines to legally evict tenants from manufactured home parks.

When Can a Mobile Home Owner Be Evicted?

Landlords are limited in when and how they can evict a mobile home owner from a lot. Common legal reasons include:

• Failure to pay rent on time
• Significant violations of park rules
• Violation of state or local law
• The park is being closed or repurposed (owners must receive substantial notice)

Your landlord must provide you with proper written notice, and they cannot evict you for reasons outside those permitted by law. For example, you cannot be evicted simply for filing a complaint or requesting repairs.

Notice Requirements for Eviction

The landlord must give a written notice before starting the eviction process:

• Nonpayment of Rent: At least 5 days written notice to pay or vacate
• Other Lease Violations: At least 14 days notice to correct the violation or move out
• Termination Without Cause: If the landlord is closing the park or for other no-fault reasons, they must give at least 60 days written notice

This written notice should clearly state the reason for eviction and, if possible, how you can remedy the problem.

What Happens After You Receive an Eviction Notice?

If you do not resolve the issue within the notice period, your landlord may file for a formal eviction through the court. The official entity overseeing these cases is the South Carolina Magistrate Court, which handles residential evictions statewide.

You will receive an Eviction Notice and Summons (officially called an Application for Ejectment (SCCA/730)) from the court. This court paperwork gives you a chance to respond before a hearing is set.

If you are served with an Application for Ejectment, respond promptly. You have the right to present your case in court. Do not ignore a court summons.

Key Forms for Mobile Home Eviction Cases

• Application for Ejectment (SCCA/730):
  Filed by the landlord in Magistrate Court to begin the formal eviction process. If you receive this, it means your case has been submitted to court.
  View and download Application for Ejectment.
  Example: If your landlord files this after notice periods have expired, you will be formally notified to appear in court.
• Answer to Complaint/Eviction (SCCA/734):
  Use this form to respond to the eviction complaint within 10 days of being served. This is your way to raise defenses or state your case.
  View and download Answer to Complaint/Eviction.
  Example: You believe the landlord did not give proper notice; file this form promptly to avoid default.

Always file your response with the court and serve a copy to your landlord. Forms and further instructions are found on the South Carolina Magistrate Court official forms page.

Your Rights During the Eviction Process

Even if the court finds in favor of your landlord, there are steps and timelines before anyone can remove your mobile home or belongings. Sheriff’s deputies carry out evictions—not landlords. You may request extra time to move your home out of the park, especially in hardship cases.

What South Carolina Laws Protect Mobile Home Owners?

The primary legislation is the South Carolina Manufactured Home Park Tenancy Act (S.C. Code Title 27, Chapter 47). This Act defines how and when evictions can occur, minimum notice periods, and rights during a park closure. Additionally, general landlord-tenant law from the South Carolina Residential Landlord and Tenant Act may also apply to some disputes.

Steps to Take if You Receive an Eviction Notice

• Carefully read the notice and note deadlines
• Try to resolve any issues with the landlord immediately (e.g., pay overdue rent or address rule violations)
• Keep records of all communications and payments
• If you receive court papers, complete the "Answer to Complaint/Eviction" within 10 days
• Prepare your evidence for court (payment records, photos, communications, etc.)
• Attend the court hearing—missing it can result in automatic eviction

By following these steps and understanding your legal protections, you can better safeguard your mobile home and rights.

FAQ: Mobile Home Eviction Protections in South Carolina

1. How much notice must my landlord give before evicting me from a mobile home park?
   For nonpayment of rent, you are entitled to at least 5 days written notice. For other violations, at least 14 days. Park closures require a 60-day notice period.
2. Can a landlord evict me for filing complaints or requesting repairs?
   No, South Carolina law prohibits retaliatory eviction. Landlords cannot evict you for exercising your legal rights or making reasonable complaints.
3. What form do I use to respond to an eviction notice?
   You should use the "Answer to Complaint/Eviction (SCCA/734)" form. File this with the Magistrate Court within 10 days of service.
4. Who decides eviction disputes for mobile home lots in South Carolina?
   Residential eviction cases, including mobile home parks, are decided by the South Carolina Magistrate Court.
5. What can I do if I need more time to move my mobile home after an eviction?
   You can ask the court for extra time, especially if moving your home will take effort and planning. Always make such requests before your move-out date.

Conclusion: Protecting Your Mobile Home Rights in South Carolina

• South Carolina law gives specific protections and clear notice requirements to mobile home owners renting park lots.
• Always respond promptly to any eviction notice or court papers—file forms and attend hearings.
• If unsure, seek help early from the court or legal resources.

Stay informed about your rights and act quickly to resolve any eviction issues for the best chance of keeping your home.

Need Help? Resources for Renters

• South Carolina Magistrate Court — find your local court for eviction hearings and forms
• South Carolina Manufactured Home Park Tenancy Act (Title 27, Chapter 47)
• South Carolina Legal Services — Tenant Rights Help
• South Carolina Residential Landlord and Tenant Act

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1. South Carolina Manufactured Home Park Tenancy Act (S.C. Code Title 27, Chapter 47)
2. South Carolina Residential Landlord and Tenant Act
3. South Carolina Magistrate Court
4. Application for Ejectment (SCCA/730)
5. Answer to Complaint/Eviction (SCCA/734)

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