How to Evict a Roommate Not on the Lease in South Carolina

If you’re a renter in South Carolina and need to remove a roommate who isn’t listed on your lease, the process can be confusing. This guide explains your rights, the correct legal steps, and official resources you can rely on. The rules are different if your roommate is not part of the lease, so it’s important to follow South Carolina law for a smooth and legal transition.

Understanding Roommates Not on the Lease in South Carolina

A roommate not on the lease is often called an “unauthorized occupant” or “subtenant.” In South Carolina, this person does not have a direct legal relationship with your landlord, but you may still need to follow formal procedures to remove them, especially if they do not leave voluntarily.

When Is a Roommate Considered a Tenant?

Even without a signed lease, a roommate may gain certain rights by paying rent or staying for a significant amount of time. South Carolina’s Residential Landlord and Tenant Act defines these rights and sets rules for removal.^[1]

Steps to Evict a Roommate Who Is Not on the Lease

The process is generally similar to a standard eviction. Here are your main steps:

• Ask the roommate to leave voluntarily: A polite conversation and written notice often resolves the issue quickly.
• Provide written notice: If they refuse to leave, you must give proper written notice. A 14-day written notice is common for violations (such as not paying agreed-upon rent).
• If the roommate still won’t leave, you must file for eviction through the South Carolina Magistrate Court.

Required Forms and Official Process

• Rule to Vacate/Notice of Eviction (SCCA/732):
  This form is used to begin the eviction process once notice has been given and ignored. As the primary renter, you can file this form with the local Magistrate Court.
  See the official form and instructions at the South Carolina Judicial Department – Rule to Vacate.
  • Example: If your roommate ignores your written 14-day notice to move out, you complete Form SCCA/732 and submit it to your county’s Magistrate Court to start the legal eviction.
• Summons and Complaint (SCCA/731):
  Usually completed by the landlord, but if you are listed as the tenant of record, you may be able to use this form to assert your rights over the premises.
  Find details at the South Carolina Judicial Department – Summons and Complaint.
  • Example: If a dispute arises over who has the right to the apartment, this form officially notifies the parties involved.

What If My Roommate Is Still on the Lease or Is a Co-Tenant?

If your roommate is listed on the lease, only your landlord can formally evict them. You do not have the authority to remove a co-tenant.

Court Process and Next Steps

After filing the official forms, the Magistrate Court will schedule a hearing. Both you and your roommate will have a chance to present your case. If the judge rules in your favor, the court will issue an order for eviction, often enforced by the county sheriff.

• If the roommate does not leave after the court order, contact your local sheriff’s office to enforce the eviction.

Never change locks or remove a roommate’s belongings without a court order – doing so can lead to legal trouble.

Relevant Tribunal and Legislation

• The South Carolina Magistrate Court handles residential evictions.
• The main legislation is the South Carolina Residential Landlord and Tenant Act.

FAQ: Removing a Roommate in South Carolina

1. Can I evict a roommate if they aren’t on the lease?
   Yes, but you must follow the South Carolina eviction process through the Magistrate Court, as described above.
2. Do I need my landlord's permission to evict an unauthorized roommate?
   If you are the primary tenant, you may take steps to remove someone not on the lease. However, check your rental agreement to see if subletting is allowed or if landlord approval is needed.
3. What notice must I give?
   A 14-day written notice to vacate is typically required before filing with the court. Keep a copy of your notice and how it was delivered.
4. What if my roommate threatens me or damages property?
   If you feel unsafe, call local law enforcement. For property issues, take photos and document everything for your court case.
5. How long does the eviction process take?
   Evictions can take several weeks, depending on court scheduling and local procedures.

Conclusion: Key Takeaways

• Always provide written notice before starting an eviction.
• Do not attempt “self-help” removals; use the Magistrate Court process.
• Use official forms (such as SCCA/732) and follow South Carolina’s legal requirements for evictions.

Following these steps protects your rights as a tenant and ensures legal compliance throughout the process.

Need Help? Resources for Renters

• South Carolina Magistrate Court—Eviction Procedures (official tribunal for evictions)
• South Carolina Residential Landlord and Tenant Act (state rental law)
• South Carolina Legal Services (free legal help for qualifying renters)
• SC State Housing Authority: Renter Resources

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1. South Carolina Residential Landlord and Tenant Act

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