Partial Rent Payments & Eviction Risk in South Carolina

Understanding how partial rent payments impact your risk of eviction is crucial for every renter in South Carolina. Tenants sometimes struggle to pay the full rent but wonder if making a partial payment protects them from eviction. Here, you'll find the facts about South Carolina law, how landlords must handle partial rent, and the official steps involved if your landlord starts eviction proceedings.

Partial Rent Payments: What Does the Law Say in South Carolina?

Under South Carolina law, rent is due as agreed in your lease. If you can't pay the full amount, giving a partial payment doesn't automatically prevent your landlord from seeking eviction. In most cases, unless your landlord specifically agrees in writing to accept the partial payment as full rent for that period, you can still be at risk of eviction for the balance owed.

• Partial payments do not erase rental debt unless your landlord agrees in writing.
• Your landlord may accept a partial payment but still file for eviction for unpaid rent.
• Always get any payment arrangements in writing to protect yourself.

Legal Process for Nonpayment and Partial Payments

South Carolina residential rental law requires landlords to follow specific steps before evicting a tenant for nonpayment, including when partial rent is paid. These protections are outlined in the South Carolina Residential Landlord and Tenant Act^[1].

• Notice Requirement: Your landlord must give you a written notice (usually called a 5-Day Notice) stating you owe rent. This is required unless your lease states otherwise.
• Eviction Filing: If payment is not made in 5 days (or the required notice period), your landlord can file for eviction with the court.
• Court Process: Once the case is filed, you have the right to respond and appear at the eviction hearing.

Acceptance of a partial payment does not mean the landlord gives up their right to pursue eviction. Make sure you have a clear agreement about any partial payment's effect on your tenancy.

Eviction Risk After Making a Partial Rent Payment

Even if you pay part of your rent, you can be evicted in South Carolina unless the landlord specifically waives the remaining balance in writing. The courts consider unpaid rent (even after partial payments) as grounds for eviction.

If you offer or the landlord accepts a partial rent payment, always get agreements in writing to avoid misunderstandings about eviction risk.

Relevant Official Forms

• Rule to Vacate or Show Cause (Form SCCA/735): Used by landlords after filing an eviction complaint, this form is served to tenants to inform them of the eviction proceeding and to give them a chance to respond.
  View Rule to Vacate or Show Cause (SCCA/735)
  Example: If your landlord accepts a partial payment but files for eviction, you would be officially notified through this form, which tells you when to respond or appear in court.
• Notice to Quit (No standard statewide form): Landlords typically serve their own written 5-day notice for nonpayment. Always make sure any notice is in writing and check that it includes the required details under state law.

For more details and to access court forms, visit the South Carolina Judicial Department Forms Portal.

Which Board Handles Tenant Matters?

In South Carolina, eviction and rental disputes are handled through the Magistrate Courts. This is where landlords file eviction actions and tenants can respond or contest eviction cases.

Action Steps for Renters Facing Partial Payment Issues

• Always discuss payment options with your landlord and aim to get written agreements for any partial payment arrangements.
• If you receive a written notice for unpaid rent, respond quickly and seek legal guidance if needed.
• Keep records of all payments and communications with your landlord.
• If served with a Rule to Vacate or Show Cause, read it carefully and respond by the deadline.

FAQ: Partial Rent Payments & Eviction Risk in SC

1. Can my landlord evict me if I make a partial rent payment?
   Yes, unless your landlord agrees in writing to accept the partial payment as full settlement, you may still be evicted for the unpaid portion.
2. Does the landlord have to accept a partial payment?
   No, landlords are not required by law to accept anything less than full rent.
3. What should a partial payment agreement include?
   It should clearly state how much was paid, what period it covers, and whether the landlord waives their right to evict for the unpaid balance.
4. What happens after I receive a Rule to Vacate or Show Cause?
   You have a limited time to respond to the court. Always read the document carefully and respond or appear in court as directed.

Key Takeaways

• Partial rent payments do not guarantee protection from eviction in South Carolina.
• Document all agreements and payments in writing to protect yourself.
• If you face an eviction notice, respond promptly and seek assistance from court or legal services.

Need Help? Resources for Renters

• South Carolina Magistrate Courts – For court and eviction information
• South Carolina Legal Services – Free or low-cost legal help for renters
• SC State Housing – Renter Information – State housing advice and rental assistance links

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1. South Carolina Residential Landlord and Tenant Act – Title 27, Chapter 40
2. Rule to Vacate or Show Cause (SCCA/735), SC Judicial Department
3. South Carolina Magistrate Courts – Overview

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