Learn how to evict someone in SC: a step-by-step 2026 guide to handle rent, lease violations, and holdover tenants legally.
Throwing someone out never happens as part of a landlord’s daily life, and it’s not something anyone enjoys. I still remember the first time I had to go through it. Rent had stopped coming in, excuses piled up, and I found myself searching the web late at night for how to evict someone in SC under Civil Law, finally finding clear answers and guidance.
If you’re here, chances are you’re in a similar situation.
- Can be rent Payment has not been made.
- Maybe it is a lease violation.
- Can be the lease End, and the tenant refuses to go.
What brought you here this guide Will guide you through how to evict someone in SC Legal, correct and safe, without shortcuts that can cost you time or currency.
Quick Overview: In legal process South Carolina
Before you dive deeper, here it is the simplified roadmap how evict someone In SC:
- Do the suitable writing service notice( 5- day or 14- day notice).
- File a Rule to Show Cause in Magistrate Court.
- Attend Court hearing.
- Receive a judgment for possession Application a Writ of Ejectment.
- Sheriff Removes the tenant If necessary.
- You cannot change the locks.
- You cannot conclude the tool.
- You cannot remove belongings yourself.
Everything Should pass the court.
Understanding South Carolina Eviction Law
South Carolina evictions They rule the Residential Landlord and Tenant Act. Think about it the law Like a step- by- step recipe. If you abandon an ingredient Or rush a step, The whole process can collapse.
When I first Investigated how to evict someone in SC, I assumed it would be fine. I quickly realized that small technical errors such as notice Words- can be rearranged the entire process.
Precision matters.
Step 1: Establish legal basis
Before registering anything, check that you have a lawful reason.
Nonpayment of Rent
This is the most common reason landlords see how to evict someone in SC. I most cases, You have to earn a 5- day Written notice to pay rent or go, unless the lease to forgive that requirement. If the tenant Does not pay inside five days, You can proceed to court.
Be careful what you accept partial payments After notice. It can be complicated your case And possibly restart timelines.
Rent Violations
Examples Includes:
- Unauthorized pets
- Extra occupants
- Property damage
- Illegal activity
Usually you have to supply a 14- day notice to cure or stop. It gives the tenant A chance to heal the violation First eviction proceeds.
Rent Expiration( Holdover Tenant)
If a lease ends and the tenant remain without permission, proper termination notice Still required before applying for eviction. Even without a lease, Legal process is mandatory.
Step 2: Do the correct writing service Notice
Notice where is many cases fall down
Your notice Must clearly status:
- Tenant’s name
- Property address
- Reason for eviction
- Amount Maturity( if applicable)
- Deadline to comply
Deliver it in an appropriate approach- personal delivery, posting or certified mail( recommended) Documentation is important. I eviction cases, Paperwork wins.
Step 3: File a Rule to Show Cause
If the tenant Does not comply with it the notice, In the next step how to evict someone in SC Archiving a Rule to Show Cause in Magistrate Court.
You’ll Need:
- Lease
- Copy of notice
- Payment records
- Submission fee
When filed, the court Plans and secures a hearing the tenant Officially presented.
This is the facility the process becomes official.
Step 4: Participate the Court Hearing
Hearings Usually scheduled in about 10 days After the service
Provide:
- Rent Notice
- Proof of service
- Payment history
- Photos( if applicable)
When I attended my first eviction When I heard this, I was horrified. But the judge Concentrate documentation and procedure, not emotion.
If the tenant does not appear, you can receive a default judgment.
If they compete, both sides Current evidence, and the judge Makes a decision.
Step 5: Judgment and appeal
If you win, you get a judgment for possession However the tenant is 5 days to appeal.
During this time, You cannot remove them.
Patience Needed- even after winning.
Step 6: List of encumbrances
If there is no appeal, you can request this a Writ of Ejectment.
It allows the sheriff to remove the tenant.
Only principle enforcement can physically remove someone the property.
Never attempt self- help eviction. It’s Illegal and may result in fines.
How extended does it obtain?
General prohibition of competition eviction timeline:
- Notice period: 5- 14 days
- Court plan:~ 10 days
- Appeal opening: 5 days
- Sheriff scheduling: 1– 2 weeks
Total: approx 3– 6 week Disputed cases may acquire longer.
How much does it cost?
Common expenses Includes:
- Submission fee
- Service fees
- Sheriff fees
- Attorney fees( if employed)
- Lost rent
Even without legal representation, Taking eviction financial cost. Hence the understanding how to evict someone in SC Proper the first time is very significant.
What Landlords cannot
Even if the rent is unpaid, you cannot:
- Change the locks
- Finalize the tool
- Remove the equipment
- Harassment the tenant
- Self- help eviction
It is illegal South Carolina. The court system It is there to protect both landlord and tenant Rights
Common Tenant Defenses
Tenants can discuss:
- Improper notice
- Uninhabitable conditions
- Retaliation
- Discrimination
- Tenancy disputes
Strong documentation Prevents surprises in court.
A Personal Reflection
When I first searched for how to evict someone in SC, I felt overwhelmed.
It wasn’t just about removing the tenant– it was about security my investment, My financial stability, and my peace of mind.
Here’s what I learned:
- Eviction Not personally.
- It’s procedure.
When you understand the steps, Fear is reduced. Clarity Replaces anxiety.
Key Takings
- Action the legal process Certainly while you are learning how to evict someone in SC, every step matters.
- Document everything, Notifications, payments, communications, and court filings.
- Avoid shortcuts, self- help eviction can supervise to serious legal consequences.
- Be professional and calm the process.
- Remember: eviction Structure, not emotion.
- When handled correctly, it protects both your legal rights And your property investment.
Additional Resources
- South Carolina Eviction Laws & Process: A comprehensive legal overview of eviction procedures in South Carolina, including required notices, timelines, and how eviction cases are filed in magistrate court, great for explaining the step‑by‑step process.
- South Carolina Eviction Laws and Eviction Process: Breaks down the different types of eviction notices (5‑day, 14‑day, etc.) and legal grounds for eviction, with reference to South Carolina code sections, useful for your “legal notice” and “grounds for eviction” sections.
