South Carolina Eviction Process: A Step-by-Step Guide for Landlords

South Carolina is one of the faster eviction states in the country. A non-payment case that is properly filed and procedurally clean can reach a set-out order in 30 to 45 days. But "properly filed" is the operative phrase. The eviction process in South Carolina is fast precisely because it is rigid — one missed procedural step, one improperly served notice, and the magistrate dismisses the case and you start over.

This guide walks through every step of the process for the most common eviction scenario: non-payment of rent.

Before You File: The 5-Day Notice Requirement

Under SC Code § 27-40-710, before a landlord can file an eviction action for non-payment of rent, the tenant must be given a written notice demanding payment or possession. The statutory minimum is 5 days.

The notice must be delivered in a way that the tenant actually receives it. In practice, landlords hand-deliver it to the tenant directly or post it conspicuously on the door. Document the delivery — take a photograph of the posted notice with a timestamp if you can.

The notice must state clearly that the tenant owes a specific amount of rent, that they have 5 days to pay or vacate, and that failure to do either will result in an eviction filing.

The exception that most landlords don't know about: SC Code § 27-40-710 contains a critical carve-out. If your written lease agreement already contains specific conspicuous language stating that rent is due on a set date and no further notice will be given if the tenant fails to pay, the landlord can file for eviction on the day following the late rent without mailing a separate 5-day notice. The statute requires verbatim language in the lease: "IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit."

If your lease contains this exact language in a conspicuous location — meaning the tenant cannot credibly claim they missed it — you skip the separate notice entirely and file directly with the Magistrate Court. Most out-of-state investors using generic national lease templates do not include this clause, which means they are losing the first 5+ days of every eviction before it even starts.

Step 1: File an Application for Ejectment in Magistrate Court

Once the 5-day notice period has passed (or immediately, if your lease has the conspicuous language exception), you file an "Application for Ejectment" at the county Magistrate Court.

South Carolina's Magistrate Courts handle residential evictions, not circuit courts. File in the county where the property is located.

The filing fee is $40. You will need to provide:

• The tenant's name and address
• The property address
• The lease agreement
• A copy of the 5-day notice (if applicable) and proof of delivery
• Evidence of the unpaid rent

The court issues a Rule to Show Cause, which is a summons requiring the tenant to appear and explain why they should not be evicted.

Step 2: Service of the Rule to Show Cause

The Rule to Show Cause is served on the tenant by the Magistrate Court — typically by a constable or via certified mail. The tenant has 10 days from service to file a written response and request a hearing.

If the tenant does not respond within 10 days, the magistrate may grant a default judgment in the landlord's favor without a hearing. That is the fastest possible outcome. If the tenant responds, a hearing is scheduled, typically within a few days of the response.

Step 3: The Hearing

At the hearing, the landlord presents evidence: the signed lease, the rent ledger showing non-payment, and proof that the required notice was properly given. The burden is on the landlord to prove:

1. There is a valid, enforceable lease
2. The tenant failed to pay rent as required
3. Proper notice was given (or the conspicuous lease clause applies)

Procedural errors by the landlord at this stage are commonly fatal. If notice was improper, the magistrate dismisses the case. If the lease is unsigned or improperly executed, the case can be dismissed. Magistrates are not sympathetic to landlords who cut corners.

If the landlord prevails, the magistrate issues a Judgment for Possession.

Step 4: The Writ of Ejectment

Within 5 days of the judgment, the Magistrate Court issues a Writ of Ejectment upon the landlord's request (there is a $10 fee). The writ authorizes law enforcement to physically remove the tenant.

At this point, if the tenant has not voluntarily vacated, the writ is posted at the property. The tenant then has 24 hours from the posting of the writ to leave voluntarily.

Step 5: Physical Set-Out

If the tenant does not leave within 24 hours of the writ being posted, the county sheriff's office — not a private constable — executes the physical removal. Under South Carolina law, the deputy sheriff uses the "least destructive means possible" to remove the tenant and their belongings, placing them on the public right-of-way.

Landlords are not permitted to remove or lock out tenants themselves at any point in this process. Self-help evictions — changing locks, removing belongings, cutting off utilities — are illegal in South Carolina and expose the landlord to serious civil liability.

What If the Tenant Appeals?

South Carolina's eviction law contains an important protection against delay tactics. If a tenant appeals an eviction judgment, they must post a cash bond covering the rent and utilities that will accrue during the appeal period. This requirement exists specifically to prevent tenants from filing frivolous appeals simply to delay the set-out and get additional free occupancy.

If the tenant cannot post the cash bond, the appeal is dismissed and the eviction proceeds immediately. This is a significant advantage for landlords compared to many other states where appeals automatically pause execution.

How Long Does the Whole Process Take?

For a properly filed, uncontested non-payment case: 30 to 45 days from the first missed rent payment to physical set-out.

In heavily backlogged urban courts — primarily the Columbia and Charleston Magistrate Courts — the timeline can stretch to 60 to 90 days. Rural counties tend to move faster because the dockets are less congested.

The timeline assumes:

• Proper notice was given (or the lease has the conspicuous language clause)
• The filing is complete and correct
• Service is accomplished without delay
• No appeal bond is posted

Other Lease Violations (Not Non-Payment)

The process for evictions based on other material lease violations — unauthorized occupants, illegal activity, property damage — follows a similar structure but with different notice requirements.

For non-compliance with lease terms, the landlord must first provide written notice giving the tenant 14 days to remedy the violation. If the tenant cures the breach within 14 days, the eviction cannot proceed. If the same breach occurs again within 6 months, the landlord can terminate the tenancy with 14 days' notice without giving the tenant another opportunity to cure.

For month-to-month tenancies, either party can terminate without cause by giving 30 days' written notice. Week-to-week leases require 7 days' notice.

Common Mistakes That Get Cases Dismissed

Serving notice incorrectly. Sliding a note under the door is not proper service. The notice must be hand-delivered to the tenant, left with a person of suitable age and discretion at the property, or posted conspicuously on the main entry door.

Accepting partial rent after filing. If a landlord accepts any rent payment after filing the eviction application, courts often construe this as reinstating the tenancy and dismiss the case. Once you file, accept no rent payments.

Using the wrong court. Residential evictions go to Magistrate Court. Filing in the wrong court wastes time and requires refiling.

Self-help attempts. Any attempt to remove the tenant, their belongings, or their access to utilities outside the court process creates legal liability. South Carolina courts do not look kindly on landlords who try to shortcut the statutory process.

What This Means for Your Investment Decisions

South Carolina's eviction process is one of the faster and more landlord-friendly systems in the country. The combination of the 5-day notice period (or no notice at all with the right lease clause), the mandatory appeal bond, and the absence of rent control means that a disciplined landlord operating in South Carolina has reliable legal tools to recover their asset.

But discipline is the key word. The system rewards landlords who use proper leases, give proper notice, and follow the procedural steps in order. It punishes improvisation.

For the complete legal framework governing South Carolina rental properties — including security deposit rules, habitability requirements, the full landlord-tenant act compliance checklist, and the financing structures that let you hold property in an LLC — the South Carolina Investment Property Guide walks through the entire operating lifecycle of a South Carolina rental portfolio.

See more South Carolina guides →