Can a senior be evicted from their home in South Carolina?

Yes, but the landlord must follow legal procedures including written notice, and seniors can attend a court hearing or request reasonable accommodations if disabled.

Are there special protections for seniors in senior housing communities?

Yes. Age-restricted housing must follow fair housing laws and cannot unfairly evict or exclude based solely on age if not a legal senior facility.

What do I do if I think I’m being discriminated against because of my age or disability?

You may file a complaint with the South Carolina Human Affairs Commission or HUD, which investigate and enforce your rights.

How do I request a reasonable accommodation?

Submit a written request (using HUD or your own form) to your landlord. If denied, contact a fair housing agency to file a complaint.

Senior Housing Rights and Protections in South Carolina

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

South Carolina seniors who rent their homes often have unique concerns, including protections against discrimination, special housing types like 55+ communities, and important rights regarding leases and evictions. Understanding your renter rights as a senior in South Carolina can help you secure safe and fair housing, and know where to turn if you face issues.

Understanding Senior Housing and Your Rights

Senior housing refers to residences designed for people typically aged 55 or older. These can include independent apartments, assisted living communities, and government-subsidized housing, such as Section 202 properties. South Carolina law provides certain protections for seniors in these settings, in addition to general renter rights.

Key Laws Governing Senior Housing in South Carolina

South Carolina Residential Landlord and Tenant Act – Sets rules for rental agreements, notices, evictions, and repairs^[1]
Federal Fair Housing Act – Prohibits discrimination based on age (for specialized housing), disability, and other protected classes^[2]

This means that landlords cannot evict, deny, or treat you unfairly in a senior housing community due to your age or disability — as long as the community is properly designated for seniors.

Age-Restricted and Special Senior Housing Communities

Some communities require residents to be 55+ or 62+ years old for residency. These are allowed under specific federal rules, as long as the property meets guidelines for senior housing. If you are turned away or evicted due to your age in a property that is not legally a senior housing community, this could violate your rights under fair housing laws.

Landlords must state age requirements clearly in leases and policies
Enforcement of age restrictions must comply with federal guidance for senior housing

Eviction Protections and Procedures for Seniors

All renters in South Carolina, including seniors, are protected under the Residential Landlord and Tenant Act. Eviction requires specific legal steps:

Your landlord must give you written notice of the reason for eviction (for example, nonpayment of rent or lease violation)
Most evictions require a 5-day written notice
If you do not vacate, your landlord must file for eviction (also called an "Ejectment Action") with the South Carolina Magistrate Court
You have the right to appear at a court hearing and present your side

If you receive eviction papers, seniors can request more time or raise defenses based on medical hardship or improper procedures. If you have a disability, you may also request a reasonable accommodation under fair housing laws, such as more time due to medical issues.

Reasonable Accommodation Requests

Seniors with disabilities may ask their housing provider for a reasonable modification or accommodation (for example, grab bars in bathrooms or permission for a service animal), using guidance from HUD. If your landlord denies the request, you may file a complaint.

Official Forms for South Carolina Senior Renters

Notice to Vacate (Form SCCA/750)
- Purpose: Used by landlords to notify renters of eviction for lease violations or nonpayment of rent
- Practical example: If you receive this form, it explains why your landlord wants you to leave and when you must move
- View and download Notice to Vacate (SCCA/750)
Answer to Rule to Vacate or Show Cause (Form SCCA/734)
- Purpose: Allows renters to officially respond when served with an eviction notice by the Magistrate Court
- Practical example: If you believe the eviction is unfair or want to share your situation (for example, needing more time due to health), complete and submit this form to the Magistrate Court before your hearing
- View and download Answer to Show Cause (SCCA/734)
Reasonable Accommodation Request (HUD form)
- Purpose: Request housing changes (like accessible features) due to a disability
- Practical example: If you need a wheelchair-accessible entrance or a service animal, complete this form and submit it to your landlord
- Find HUD Reasonable Accommodation form info

If you are ever served with an eviction notice, act promptly—respond in writing and attend your hearing. You can bring evidence or a support person if needed.

Where to Go If You Need Help

If you feel your rights have been violated, need to dispute an eviction, or require accessibility changes, there are official avenues for support:

South Carolina Magistrate Court – Handles residential landlord-tenant disputes and eviction hearings. Find your local court at SC Magistrate Court Directory.
South Carolina Human Affairs Commission – Accepts complaints of housing discrimination, including age and disability. Fair Housing complaint resources
U.S. Department of Housing and Urban Development (HUD) – File federal fair housing complaints or request assistance: HUD Complaint Process

Frequently Asked Questions About Senior Housing in South Carolina

Can a senior be evicted from their home in South Carolina? Yes, but landlords must follow the proper legal process, provide notice, and allow you to respond. Seniors have the same protections as all other renters and may request accommodations if they have a disability.
Are there special protections for seniors in senior housing communities? Yes. Age-restricted housing must follow federal and state fair housing laws, and cannot evict or deny residency solely based on age if not legally a senior facility.
What do I do if I think I’m being discriminated against because of my age or disability? You may file a complaint with the South Carolina Human Affairs Commission or HUD. They will investigate and help enforce your rights.
How do I request a reasonable accommodation? Fill out a written request (HUD form or your own letter), explain your need, and give it to your landlord or property manager. If denied, file a complaint with a fair housing agency.

Key Takeaways for South Carolina Senior Renters

Senior renters have important protections under state and federal law, especially regarding discrimination and eviction rights
Always respond in writing if you receive an eviction notice or think your rights are being violated
There are official forms and agencies that can assist you if challenges arise in your senior housing

Need Help? Resources for Renters

South Carolina Magistrate Court Directory – For court forms and eviction hearings
South Carolina Human Affairs Commission – For fair housing issues and discrimination complaints
U.S. Department of Housing and Urban Development – South Carolina Resources
South Carolina Legal Services – Free legal aid for eligible renters, including seniors