What to Expect at Eviction Court as a South Carolina Renter

If you’re a renter in South Carolina and have received an eviction notice, you may be feeling worried about what happens next. Understanding how eviction court works, your rights under South Carolina law, and what steps to take can help you prepare and protect your interests. This guide provides plain-language information aimed at renters navigating the eviction process.

Understanding the South Carolina Eviction Process

When a landlord wants to evict you in South Carolina, they must follow a specific legal procedure outlined in the South Carolina Residential Landlord and Tenant Act.^[1] In most cases, the landlord cannot simply tell you to leave—they need to go through the Summary Ejectment process in court.

Eviction Court Basics

Eviction cases in South Carolina are heard at the Magistrates Court in the county where the rental property is located.^[2] This court is responsible for landlord-tenant disputes, including eviction hearings.

• The landlord must first give you a written notice, such as a 5-Day Notice to Quit for non-payment of rent.
• If you do not move out or solve the problem after receiving notice, the landlord can file for eviction by submitting a form called an Application for Ejectment (SCCA/732) to the Magistrates Court.
• The court will issue and serve you with a Rule to Vacate or Show Cause (SCCA/734).
• If you want to challenge the eviction, you must respond and can attend a court hearing.

It’s important to read any court documents carefully and note deadlines. Not responding could mean losing the case by default.

Key South Carolina Eviction Forms (With Examples)

• Application for Ejectment (Form SCCA/732): Filed by the landlord to start the formal eviction process. Learn more or download at the SC Judicial Branch website.^[3]
  Example: If your landlord claims you haven’t paid rent and wants to evict you, they will complete and file this form at the Magistrates Court.
• Rule to Vacate or Show Cause (Form SCCA/734): Served to the tenant after the Application for Ejectment is filed. This form tells you to move out or come to court to explain why you should not be evicted. Downloadable at the official form page.^[4]
  Example: If you receive this rule and want to contest the eviction, you must go to court by the deadline listed on the form.
• Writ of Ejectment (Form SCCA/733): If the court rules in the landlord’s favor, this writ orders the sheriff to remove you from the rental property. See the official writ form.^[5]
  Example: After losing at court, you will typically have 24 hours to move out after the writ is posted before the sheriff can physically remove you.

Be sure to review these forms and respond promptly to any served papers from the Magistrates Court.

What Happens at Eviction Court

Here’s what you can expect:

• Arrive early and bring any documents or evidence, such as your lease, payment receipts, communication with your landlord, or photos.
• The judge will listen to both sides. You’ll have a chance to explain your situation and provide evidence.
• If there’s a legal defense (such as the landlord not making repairs required by law, or not following the eviction process correctly), mention it.
• The judge will make a decision—often the same day.
• If you lose, you typically have 24 hours after the Writ of Ejectment is served to move out.

It’s always a good idea to stay calm and respectful during the hearing. If English isn’t your first language or you need an accommodation, let the court know in advance.

Your Rights and Responsibilities

Even if you’re facing eviction, you have specific rights under the South Carolina Residential Landlord and Tenant Act. These include:

• The right to receive proper written notice before an eviction is filed in court
• The right to attend your hearing and present a defense
• The right to appeal a decision you don’t agree with, usually within 5 days of the judgment (see appeal information)
• The responsibility to follow all court orders and move out if the court decides in the landlord’s favor

Summary: South Carolina law gives renters both protections and responsibilities during the eviction process. Respond promptly and attend your hearing to protect your rights.

Common Defenses for Renters in Eviction Court

• The landlord did not give you proper written notice
• Your landlord failed to follow the law (e.g., self-help evictions, such as changing locks without court approval)
• The landlord did not maintain the property according to state or local codes
• You paid rent or fixed the violation before the deadline

You can always ask questions at court or request a continuance (delay) if you need more time to find legal help.

FAQ: South Carolina Eviction Court for Renters

1. How long does the eviction process take in South Carolina?
   The process can take anywhere from a few weeks to over a month, depending on the court schedule and whether you contest the eviction.
2. What if I miss my eviction court date?
   If you miss your hearing, the judge will likely rule in the landlord’s favor by default. Always attend your court date or contact the court if you have a serious conflict.
3. Can I appeal an eviction decision?
   Yes. You usually have 5 days from the court’s order to file an appeal at the Magistrates Court.
4. Does South Carolina offer any rent assistance during evictions?
   Some counties and non-profits may offer emergency rental assistance. Check with SC Housing or local agencies for possible help.

Key Takeaways for South Carolina Renters Facing Eviction

• You have the right to written notice, a formal court process, and an opportunity to defend yourself in Magistrates Court.
• Always respond to court forms and attend hearings—nonresponse can result in automatic eviction.
• Organize your documents, know your rights, and seek legal help if possible.

Summary: Familiarize yourself with each step in the court process and use available resources to defend your rights.

Need Help? Resources for Renters

• South Carolina Magistrates Court (handles all eviction and landlord-tenant disputes)
• South Carolina Residential Landlord and Tenant Act (full text of the state landlord-tenant law)
• SC Housing (renter resources and assistance programs)
• South Carolina Legal Services (free or low-cost legal support for renters)

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1. South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-10 et seq.)
2. South Carolina Magistrates Court – Evictions
3. Application for Ejectment SCCA/732 (SC Judicial Branch)
4. Rule to Vacate or Show Cause SCCA/734 (SC Judicial Branch)
5. Writ of Ejectment SCCA/733 (SC Judicial Branch)

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