South Carolina Renters: Guide to Filing in Small Claims Court

If you’re a renter in South Carolina facing a dispute with your landlord — such as unpaid security deposits, repair costs, or property damage claims — small claims court offers a way to resolve the issue efficiently. This guide explains how South Carolina renters can file claims, what to expect, and where to find the official forms and help you need.

What Is Small Claims Court in South Carolina?

In South Carolina, small claims court is officially called Magistrate Court. It handles civil disputes involving smaller sums of money — up to $7,500 as of this year — including many common renter-landlord issues. This can be an accessible way for renters to resolve problems without hiring a lawyer.

Types of Renter Disputes Magistrate Court Handles

• Security deposit disputes or wrongfully withheld deposits
• Disagreements about property damage
• Unreimbursed repair or maintenance costs
• Disputes over return of rent after moving out
• Other financial issues not exceeding $7,500

Evictions are generally handled through a different process in Magistrate Court and may require additional steps. If you’re unsure about your case, you can consult the official South Carolina Magistrate Court resource page.

Steps to File a Small Claims Case as a Renter

Filing a small claims case in South Carolina’s Magistrate Court is designed to be straightforward. These steps walk you through preparing and submitting a claim:

1. Determine If Your Case Qualifies

• The amount in dispute must not exceed $7,500.
• The issue must relate to money, damages, or the return of property.
• Landlord-tenant issues related to unpaid rent, withheld deposits, or damages commonly qualify.

2. Gather Documentation

• Lease agreements
• Receipts and invoices
• Photos of damage or repairs
• Written communications with your landlord (emails, letters, etc.)

3. Complete the Official Complaint Form

• Form Name: Civil Complaint for Magistrate Court
• Used When: This form starts your case. For example, if your landlord won’t return your security deposit, you fill out the complaint to explain the situation and the amount you seek.
• Download the Civil Complaint for Magistrate Court (SCCA/734)

4. File Your Complaint and Pay the Filing Fee

• Go to the Magistrate Court in the county where the landlord or property is located.
• Submit your completed complaint form and supporting documents.
• Pay the court filing fee (typically $80 as of 2024; check with your county court for the latest fees).
• The court will provide instructions for serving your landlord (“serving” means officially notifying them about the case).
• Some low-income renters may qualify for fee waivers. Ask the magistrate clerk for a Fee Waiver Application ("Application for Filing of Civil Action by Indigent Person").
  • Fee Waiver Application Form (SCCA/405F)

5. Attend the Hearing

• After filing, the court will schedule a hearing. Both you and the landlord present your side with evidence.
• You do not need an attorney, but you have the right to bring one if you wish.
• The judge issues a decision after hearing both sides.
• If you win, the landlord may be ordered to pay the amount owed.

Renter Rights Under South Carolina Law

South Carolina’s main landlord-tenant law is the South Carolina Residential Landlord and Tenant Act. This law outlines your rights regarding repairs, deposits, notice, and proper legal procedures. The Magistrate Court resolves many issues under this Act.¹

Official Forms and How to Use Them

• Civil Complaint for Magistrate Court (SCCA/734)
  When to Use: To file the claim—describe what happened and the amount owed. For example, after a landlord refuses to return your security deposit within 30 days of move-out.
  Access the form here
• Fee Waiver Application (SCCA/405F)
  When to Use: If you cannot afford the court’s filing fee. Complete and submit with your complaint to request a waiver.
  Official waiver form

Tips for Success in Small Claims Court

• Be timely — file within 3 years of the dispute under South Carolina “statute of limitations.”
• Be clear and specific in your complaint and during your hearing.
• Prepare your evidence and rehearse your explanation.
• Remain respectful and calm during all court procedures.

Filing in Magistrate Court empowers renters to protect their rights with a fair hearing process. Understanding each step, using the right forms, and knowing your rights under state law are key to success.

Frequently Asked Questions (FAQ)

1. How much money can I claim in South Carolina small claims court?
   The maximum amount you can claim is $7,500 per case.
2. What if I can't afford the filing fee?
   You can submit a Fee Waiver Application (SCCA/405F) along with your complaint.
3. Do I need to hire a lawyer for small claims court?
   No, small claims (Magistrate) Court is designed so you can represent yourself, though you may hire a lawyer if you prefer.
4. Where do I file my complaint?
   File in the Magistrate Court in the county where the rental property or landlord is located.
5. What happens if I win my case?
   If the court decides in your favor, the landlord may be required to pay you the claimed amount.

Key Takeaways

• South Carolina’s Magistrate Court is the right forum for most renter financial disputes up to $7,500.
• Use the official Civil Complaint form (SCCA/734), and consider a fee waiver if needed.
• Gather solid documentation and understand your rights under the South Carolina Residential Landlord and Tenant Act.

Need Help? Resources for Renters

• South Carolina Magistrate Court (Official government site) – Court locations and resources
• South Carolina Court Forms Directory
• Legal Aid Services (LSC.gov) – Help for low-income renters
• South Carolina Legal Services – Free legal help for eligible renters
• Read the South Carolina Residential Landlord and Tenant Act

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1. South Carolina Residential Landlord and Tenant Act
2. South Carolina Magistrate Court Landlord-Tenant Information
3. SCCA/734 Civil Complaint for Magistrate Court
4. SCCA/405F Application for Filing of Civil Action by Indigent Person

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