Hotel and Motel Renter Rights in South Carolina

Special Housing Types & Situations South Carolina published June 21, 2025 Flag of South Carolina

If you are staying in a hotel or motel in South Carolina for an extended period, you may wonder how your rights as a guest differ from those of traditional renters. Understanding the state's rules and protections is essential, especially if you face issues like eviction, extended stays, or concerns about fair treatment. This guide breaks down key points about hotel and motel tenancy in South Carolina, using plain language for renters and linking to authoritative state resources.

What Counts as a Tenant in a Hotel or Motel?

In South Carolina, the distinction between a guest and a tenant in a hotel or motel is important, especially for rights regarding eviction and notice. If you’re a short-term guest (often less than 90 days), you are usually not covered by tenant protections. However, if you stay for a longer period and meet certain criteria, you may be considered a tenant under the South Carolina Residential Landlord and Tenant Act.1

  • You are likely considered a tenant if:
    • You have resided in the hotel/motel room as your main residence for at least 90 days
    • You pay rent (not just incidental charges)
    • You do not have another primary home
  • You are considered a guest if:
    • Your stay is brief or for vacation/business travel
    • The hotel or motel provides daily services (like cleaning or fresh linens)

Eviction and Removal Rules for Hotel and Motel Guests

The process for removing someone from a hotel or motel in South Carolina depends on whether you are a guest or a tenant. Guests can be asked to leave by management without formal eviction proceedings. However, tenants are entitled to formal eviction notice and process under the law.

Eviction Steps for Hotel/Motel Tenants

  • If you are considered a tenant, the hotel/motel must give you a written notice to vacate, specifying the reason and time frame (usually at least 5 days for non-payment).
  • If you do not leave after the notice, they must file for eviction in the local Magistrate Court, which is the official tribunal for these matters in South Carolina.2
  • You will then receive a court summons and have the opportunity to contest the eviction.

For more detailed information, review the landlord-tenant eviction process in the SC Residential Landlord and Tenant Act.

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Your Rights and Protections in Extended-Stay Hotels and Motels

When you become a tenant in a hotel or motel, you have basic rights similar to traditional renters:

  • Right to safe and habitable living conditions
  • Right to reasonable privacy and legal notice before entry
  • Protection against retaliatory eviction if you complain about conditions
  • Access to legal eviction proceedings if management asks you to leave
If you’re unsure whether you are considered a guest or a tenant, request written clarification from management and keep records of your payments and length of stay.

Common Forms for Renters in South Carolina Hotels or Motels

  • Rule to Vacate / Summary Ejectment (SCCA/732): Used by the property to formally begin an eviction against a tenant. You will receive this if the motel/hotel files to remove you after proper notice. View the official SCCA/732 form.3
    For example, if you do not pay rent as agreed, you may receive a written notice first. If you remain after the notice period, the motel may file this form at the Magistrate Court.
  • Answer/Response to Eviction (SCCA/734): If you wish to contest an eviction, use this form to give your side of the story or state any defenses. See SCCA/734 here.4

These forms and more are available on the South Carolina Judicial Department forms page.

Key State Resources for Legal Help

South Carolina government departments and courts provide guidance on tenancy issues. You can learn more about your classification and rights, as well as access official complaint processes and forms, via these main resources:

Frequently Asked Questions

  1. Can I be evicted from a South Carolina motel without notice?
    Usually, if you are a guest rather than a tenant (e.g., your stay is less than 90 days), you can be required to leave without court eviction. Once you qualify as a tenant, formal eviction notice and court procedures apply.
  2. If I live in a hotel for months, do I have regular renter protections?
    Yes, after roughly 90 days of continuous residence as your main home, you’re generally considered a tenant and gain renter protections under South Carolina law.
  3. Does a hotel have to provide eviction paperwork before calling police?
    If you are a tenant, the hotel/motel must provide a written eviction notice and then follow the Magistrate Court process. For shorter-term guests, police may assist management with removal without court procedure.
  4. Where do I file a complaint about unfair eviction from a hotel?
    You can file in the local Magistrate Court. Visit the Magistrate Court website for more information and filing instructions.
  5. What should I do if I receive a notice to vacate from my motel?
    Read the notice carefully, respond in writing if you have defenses, and if necessary, file an Answer form (SCCA/734) with the Magistrate Court before your court date.

Key Takeaways for Hotel/Motel Tenants

  • Long-term hotel/motel renters in South Carolina may become "tenants" with legal eviction protections.
  • The Magistrate Court handles eviction disputes—use their referenced forms and processes.
  • Consult state resources or legal aid if you have questions about your rights or forms.

Need Help? Resources for Renters

  1. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
  2. South Carolina Magistrate Court Jurisdiction and Forms
  3. Rule to Vacate (Summary Ejectment Form SCCA/732)
  4. Answer to Eviction (Form SCCA/734)

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Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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