Illegal Self-Help Evictions in South Carolina: Renter Rights

If you’re a renter in South Carolina, it’s essential to know that the law protects you from illegal eviction practices, often called self-help evictions. Understanding your rights empowers you to act if a landlord tries to remove you without following the legal eviction process.

What Is a Self-Help Eviction?

A self-help eviction is when a landlord tries to force a tenant out of a rental property without first getting a court order. This often includes changing the locks, shutting off utilities, or removing a tenant’s belongings. In South Carolina, these actions are illegal, and landlords must use the proper, court-approved process to evict a tenant.

What Landlords Cannot Do: Illegal Self-Help Eviction Methods

South Carolina law makes it illegal for landlords to attempt to evict tenants using means other than the court process. Specifically, landlords cannot:

• Change the locks or otherwise prevent you from entering your home
• Remove your personal property from the unit
• Turn off, interrupt, or threaten to cut off essential utilities such as electricity, water, or heat
• Physically remove you or your family without a court order

These protections are part of the South Carolina Residential Landlord and Tenant Act.^[1]

How Evictions Must Legally Happen in South Carolina

Landlords must follow a specific process through the courts to legally evict a tenant. The courts that handle residential eviction matters are South Carolina’s Magistrate Courts.^[2] The proper process includes:

• Serving an official written notice to vacate—such as a 5-Day Notice for nonpayment of rent, using approved court forms
• Filing for eviction (called an "Application for Ejectment") with the Magistrate Court if the tenant does not leave
• Allowing the tenant a chance to respond or resolve the issue
• Letting the court determine if eviction is justified
• If the court rules for eviction, a sheriff or constable will carry it out—not the landlord

Key Forms for South Carolina Renters

• 5-Day Notice to Quit (Nonpayment of Rent)
  Used when a landlord claims rent is unpaid. Commonly it’s a written notice, but landlords may use the Notice to Quit form. Renters should know they can pay overdue rent (if allowed) or respond within 5 days.
• Application for Ejectment (Form SCCA/744)
  Landlords must file this with the Magistrate Court to start eviction. Example: If you receive this form from the court, you have legal rights to contest the eviction and should act quickly.
  Download SCCA/744 Application for Ejectment
• Motion to Stay Writ of Ejectment (Form SCCA/748A)
  If a judge orders your eviction and you need more time, you may file this form to ask the court to temporarily delay (stay) your removal.
  See SCCA/748A Motion to Stay

Example: If your landlord locks you out without notice, you can inform them this is illegal under South Carolina law and request immediate access. You can also file a complaint with the court.

Your Rights and Action Steps If A Landlord Tries an Illegal Eviction

If you believe a landlord is using self-help eviction methods, here’s what you can do:

• Document everything, including dates, times, photos, and communications
• Politely remind the landlord that only the court can evict tenants
• File a complaint with your local Magistrate Court if you are locked out or utilities are shut off
• Request an emergency hearing if you’re denied entry to your home

Acting quickly gives you the best chance to regain access to your home or prevent further harm.

Common Myths About Eviction in South Carolina

• Myth: If you’re behind on rent, a landlord can immediately evict you.
  Truth: The landlord must still follow the legal eviction process through the court.
• Myth: Changing the locks or turning off utilities is allowed if you break the lease.
  Truth: These actions are illegal without a court order, no matter the lease violation.

Familiarizing yourself with the court process and available forms will help you protect your housing rights.

Frequently Asked Questions

1. Can my landlord lock me out for not paying rent?
   No, your landlord cannot legally lock you out without a court order. They must file for eviction through the Magistrate Court first.
2. Is shutting off utilities an acceptable way to remove a tenant?
   No, intentionally cutting off utilities to force you out is illegal under South Carolina law. Only a court order can result in eviction.
3. What should I do if my landlord tries an illegal eviction?
   Document the incident, contact your Magistrate Court, and seek legal help. You may also be able to file for damages.
4. Which court handles evictions in South Carolina?
   Residential evictions are handled by the South Carolina Magistrate Courts. You can find contacts at the official Magistrate Court website.
5. Are there any official forms I should know about?
   Yes, key forms include the Application for Ejectment (Form SCCA/744) and Motion to Stay Writ of Ejectment (Form SCCA/748A). These are available from South Carolina Court Administration.

Key Takeaways for South Carolina Renters

• Self-help evictions—like changing locks or shutting off utilities—are illegal in South Carolina.
• Landlords must use the court process for evictions, and only court officers can remove tenants.
• Know official forms and take action quickly if you face an illegal lockout or eviction threat.

Knowing the law and your rights is your best protection against unlawful evictions.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act – Full text of state law
• South Carolina Magistrate Courts – Find your local court and file complaints or motions about illegal lockouts
• South Carolina Legal Services – Free or low-cost legal advice for eligible renters
• Official Court Forms for Landlord-Tenant Cases

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1. South Carolina Residential Landlord and Tenant Act – Title 27, Chapter 40: Read the current law
2. South Carolina Magistrate Courts – Eviction process and forms: Magistrate Court information

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