South Carolina Renters’ Rights in Foreclosure Situations

If your rental home in South Carolina is facing foreclosure, it’s natural to feel concerned about your rights and your future housing. Understanding how South Carolina law protects renters—and the steps you can take—can help you feel more secure during this stressful time.

What Foreclosure Means for Renters in South Carolina

A foreclosure happens when a landlord (who owns the property) falls behind on their mortgage and the bank or lender takes legal steps to repossess the home. As a renter, this process does not automatically mean you have to move out right away. Both federal and South Carolina laws offer important protections for tenants during a foreclosure.

Tenant Protections: Notices, Leases, and Evictions

• Notice Requirement: After foreclosure, tenants are generally entitled to receive written notice before they are asked to move out.
• Lease Agreements: If you have a valid lease, it may continue until the end of the term—even after foreclosure—unless the new owner intends to live in the property.
• Month-to-Month Tenancies: If you have a month-to-month agreement, you must generally receive at least 90 days written notice before any eviction action. This is in line with the federal Protecting Tenants at Foreclosure Act (PTFA).

Which Tribunal Handles Foreclosure-Related Evictions?

Residential eviction cases, including those after a foreclosure, are managed by the South Carolina Magistrate Courts. This is the official court handling landlord-tenant disputes in the state.

Relevant South Carolina Tenant Laws and Legislation

South Carolina’s main tenancy law is the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40 of the South Carolina Code of Laws). This legislation outlines your rights and obligations as a renter, including notice periods and eviction processes.^[1]

Official Forms for South Carolina Renters During Foreclosure

• Rule to Vacate or Show Cause (SCCA/732):
  • Name & Number: Rule to Vacate or Show Cause, Form SCCA/732
  • When Used: After a foreclosure, if the new owner wants to evict you, they must file this form in Magistrate Court. You will receive it as official notice that you are being asked to move out or appear in court.
  • Example: If you receive a Rule to Vacate or Show Cause after the foreclosure sale, you must respond by the deadline or attend the court date listed.
  • View the official Rule to Vacate or Show Cause form
• Answer to Complaint (SCCA/734):
  • Name & Number: Answer to Complaint (SCCA/734)
  • When Used: If you want to contest the eviction or explain why you should not be removed, you can file this form in Magistrate Court.
  • Example: You believe you have a right to stay until your lease ends. File this form before your court date to present your case.
  • View the official Answer to Complaint form

Step-by-Step: What To Do If You Receive a Foreclosure Notice

Here’s a simple guide for renters facing foreclosure in South Carolina:

• Stay calm and do not move out immediately—wait for written legal notice.
• Carefully read any court documents you receive, such as eviction or "Rule to Vacate" notices.
• If you want to contest the eviction, gather your lease and proof of rent payments.
• File an Answer to Complaint form (SCCA/734) with Magistrate Court if you have cause to challenge the eviction.
• Attend any scheduled court hearing to explain your situation.

Key South Carolina Law Highlights

Most renter rights during and after foreclosure come from:

• The South Carolina Residential Landlord and Tenant Act
• The federal Protecting Tenants at Foreclosure Act

FAQ: South Carolina Renters and Foreclosure

1. How much notice do I get before eviction after a foreclosure in South Carolina?
   Under federal law (PTFA), you are generally entitled to at least 90 days written notice before you can be evicted after a foreclosure.
2. Can the new owner make me leave if I have a lease?
   If you have a written lease, you may be able to stay until it expires, unless the new owner plans to make the home their primary residence.
3. Should I keep paying rent after foreclosure?
   Yes, you should continue to pay rent. Once foreclosure is completed, pay rent to the new owner or the party legally entitled to collect it.
4. Where can I challenge an eviction after foreclosure?
   You can challenge an eviction in South Carolina Magistrate Court by filing the appropriate forms and appearing on your scheduled court date.
5. What official form do I use if I want to respond to an eviction notice?
   Use the Answer to Complaint (SCCA/734) to respond in Magistrate Court.

Conclusion: Know Your Rights in Foreclosure

• South Carolina renters have important legal protections during foreclosure, including notice periods and the right to challenge eviction.
• Always read legal documents carefully and respond promptly if you receive a court notice.
• Use official forms and contact the Magistrate Court for help if you need it.

Staying informed and proactive is the best way to safeguard your housing rights in a foreclosure situation.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act (Official Legislation)
• South Carolina Magistrate Courts (Eviction and Rent Disputes)
• South Carolina Legal Services (Free Civil Legal Help for Renters)
• South Carolina Department of Consumer Affairs - Housing Rights

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1. South Carolina Residential Landlord and Tenant Act
2. Protecting Tenants at Foreclosure Act of 2009
3. South Carolina Magistrate Courts
4. Rule to Vacate or Show Cause (SCCA/732)
5. Answer to Complaint (SCCA/734)

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