Fight Illegal Eviction in South Carolina: Your Step-by-Step Guide

If you're a renter in South Carolina facing threats of eviction that feel unfair or unlawful, it's important to know your rights. South Carolina law provides renters with protections against illegal eviction. This guide breaks down what qualifies as an illegal eviction, what steps you should take, and which official resources and forms you will need to defend your rights.

What is an Illegal Eviction in South Carolina?

An illegal eviction occurs when a landlord tries to force a renter to leave without following the legal process. In South Carolina, landlords cannot:

• Change the locks or remove doors/windows to keep you out
• Shut off utilities to make you leave
• Remove your belongings from the property
• Threaten or physically remove you without a court order

Instead, landlords must go through the proper court process under the South Carolina Residential Landlord and Tenant Act^[1].

Understanding the Legal Eviction Process

South Carolina requires landlords to follow a specific process for eviction. Generally, this includes:

• Giving you a written notice (such as 5-Day Notice for nonpayment of rent)
• Filing for eviction (called an "Application for Ejectment") in the local Magistrate Court if the issue isn't resolved
• The court issuing a summons and notice for a hearing
• A judge deciding whether the eviction is lawful

Forms and Where to File

• Application for Ejectment (Form SCCA/738):
  This is filed by the landlord if eviction is pursued. If you are served with this form, you have a right to respond. Review the official Application for Ejectment (SCCA/738) and Magistrate Court information on the South Carolina Judicial Department website.
  Example: If you receive this form, carefully read it—the clock starts ticking for your response.
• Answer to Application for Ejectment (Form SCCA/734):
  This is your official written response to an eviction filing. Use it to state your reasons for challenging the eviction (such as lack of notice or retaliation). See official Answer to Application for Ejectment (SCCA/734).
  Example: If you believe the eviction is unjust or illegal, fill out and file this form with the Magistrate Court by the deadline (usually within 10 days of receiving the summons).
• Motion to Set Aside Judgment (Form SCCA/761):
  If a judgment is entered against you and you were not able to appear at the hearing, use this motion to request the court to reconsider. Access the official Motion to Set Aside Judgment (SCCA/761).
  Example: If you missed your scheduled court date for a valid reason, this form allows you to ask for a new hearing.

How to Fight an Illegal Eviction: Step-by-Step

If you believe your eviction is illegal, act quickly. Follow these steps to protect your rights and possibly remain in your home.

• Stay Calm and Document Everything: Write down dates, times, and actions taken by the landlord. Keep copies of all notices or texts.
• Refuse to Leave Without a Court Order: Unless a judge orders you to move, you are not legally required to leave.
• File Your Answer: If served with an Application for Ejectment, fill out and file the Answer to Application for Ejectment as soon as possible.
• Attend the Court Hearing: Magistrate's Court will notify you of your hearing date. Appear on time and bring your documentation.
• File a Complaint if Locked Out: If you are locked out without a court order, you may file a police report and notify the Magistrate's Court immediately.
• Seek Legal Help: Contact South Carolina Legal Services or a local tenant advocacy group if you need support.

The Tribunal Handling Tenant Disputes

South Carolina eviction cases are handled by your local Magistrate Court. They oversee eviction applications and hearings statewide.

South Carolina Tenant Laws to Know

Your rights are protected by the South Carolina Residential Landlord and Tenant Act^[1]. This law clearly states the process for evictions, landlord responsibilities, and tenant protections. Review the Act to understand your legal grounds if you need to challenge an unlawful eviction.

FAQ: Fighting Illegal Eviction in South Carolina

1. What counts as an illegal eviction by a landlord?
   If your landlord tries to make you leave by changing the locks, shutting off utilities, or removing your belongings without a court order, it's considered illegal under South Carolina law.
2. How do I respond to an eviction notice in South Carolina?
   Fill out the Answer to Application for Ejectment (SCCA/734) and file it with the Magistrate Court within the timeline indicated on your summons (usually 10 days).
3. Can I stay in my home while fighting an illegal eviction?
   Yes, unless a judge issues an order requiring you to leave, you have the right to remain in your home during the court process.
4. Where can I find the official forms I need?
   Access eviction-related forms, including SCCA/734 and SCCA/738, on the South Carolina Judicial Department - Magistrate Court Forms page.
5. Who can I contact if I need legal advice about my eviction?
   You can reach out to South Carolina Legal Services or the Magistrate Court for procedural questions.

Conclusion: Key Takeaways

• Landlords must file for eviction through the Magistrate Court—self-help evictions (lockouts or utility shut-offs) are illegal.
• Respond to any court summons using official forms like the Answer to Application for Ejectment (SCCA/734).
• Seek legal help and attend your hearing—this maximizes your chances of protecting your rights and staying in your home.

Need Help? Resources for Renters

• Find your local South Carolina Magistrate Court (handles residential evictions)
• Read the South Carolina Residential Landlord and Tenant Act
• South Carolina Judicial Department - Official Magistrate Court Forms
• South Carolina Legal Services (free legal aid for renters who qualify)

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

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