South Carolina Renter Lockout Laws: What to Know & Do
If you’re renting a home or apartment in South Carolina, being unexpectedly locked out by your landlord can be distressing. South Carolina has clear laws to protect renters from being unlawfully denied access to their home. Understanding these rights—and what to do if a lockout happens—can make a difficult situation easier to handle.
Your Right to Access Your Rental Home
South Carolina law considers your rental a place of residence, and you’re entitled to peaceful enjoyment and possession during your tenancy. Under the South Carolina Residential Landlord and Tenant Act, landlords cannot remove you, exclude you, or change the locks without following the legal eviction process.[1]
- Landlords cannot: Change the locks, shut off utilities, or otherwise deny you access without a court order (i.e., no “self-help” evictions)
- Eviction must be court-ordered through the proper process, as handled by the South Carolina Magistrate Court
What Should You Do If You’re Locked Out?
If you arrive home and find that you’re unable to enter due to a landlord’s actions, follow these steps:
- Document everything: Take photos of locks, gates, or entrances. Save messages or written notices from your landlord.
- Contact your landlord immediately: Ask for access and clarify the reason for the lockout. Remain polite and keep written communication.
- Check for an official eviction notice: If law enforcement gave you a court order or a Writ of Ejectment from the Magistrate Court, this is different from an illegal lockout.
- If you did not receive an eviction order from the court, the lockout is likely illegal under South Carolina law.
How to Take Action as a Locked-Out Renter
You may have the right to recover access, end your lease, and even sue for damages if the lockout is unlawful. Here are your key protections and steps:
- File a complaint in Magistrate Court: You can ask the court for an order allowing you back into your home or claim damages. This process is filed through your county’s Magistrate Court.
- Form to use: Application and Summons (SCCA/732) – This is used to initiate civil action for issues like unlawful lockouts.
Example: If your landlord changed your locks without court approval, you would fill out the Application and Summons and submit it to your county magistrate court to request a hearing and an order to regain entry. - If you need urgent help reopening your home (e.g., medication or safety concerns), call local authorities for welfare or emergency access. Non-emergency police calls are appropriate where you are locked out but safe.
Your landlord cannot evict or lock you out without a court order. If this happens, seek legal help or file a complaint with Magistrate Court immediately.
Related South Carolina Legislation & Who Handles Disputes
The South Carolina Residential Landlord and Tenant Act governs lockouts, evictions, and access for residential tenants. Disputes involving lockouts are managed by your local Magistrate Court, which handles eviction and landlord-tenant complaints statewide.
Summary: Protecting Yourself from Illegal Lockouts
- South Carolina law strictly prohibits landlords from changing locks, cutting utilities, or forcibly excluding renters without first obtaining and enforcing a court order.
- If you’re locked out without an official court order or notice, you can demand reentry and file a complaint in Magistrate Court.
- Use official forms and courts—never attempt to use self-help actions in response.
Frequently Asked Questions: Lockouts in South Carolina
- Can my landlord ever change my locks without notice?
No. Except when there is a court order for eviction, your landlord must not change locks without your permission or advance communication. Unexpected lockouts without eviction are illegal. - What official form should I use if I need to take legal action for a lockout?
You should use the Application and Summons (SCCA/732) to begin a civil complaint in Magistrate Court about an unlawful lockout. - Can I break into my home if my landlord locks me out?
No. Avoid self-help as it might expose you to legal risks. Instead, document the situation and contact law enforcement or the Magistrate Court to regain lawful access. - How much compensation can I get if my landlord locked me out illegally?
If the Magistrate Court finds the landlord violated the law, you may be entitled to recover damages, but the exact amount will depend on your situation and the court’s order. - Who do I contact if I have questions about my rights?
Contact your county Magistrate Court for local assistance or the South Carolina Landlord and Tenant Act for official guidance.
Need Help? Resources for Renters
- South Carolina Magistrate Court Locator – Find your local court to file a lockout complaint or get forms.
- Application and Summons (SCCA/732) Form – Official form to use for complaints related to lockouts.
- South Carolina Residential Landlord and Tenant Act – Review your legal rights and protections as a renter.
- South Carolina Legal Services – Free or low-cost legal help for qualifying renters facing lockouts or eviction issues.
- South Carolina Residential Landlord and Tenant Act, Section 27-40-660 governs unlawful exclusions, including lockouts.
- Residential landlord-tenant disputes are handled by South Carolina Magistrate Court.
- The Application and Summons (SCCA/732) is the required form to file action for wrongful lockout in court.
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