Step-by-step eviction timeline, notice requirements, and court process for South Carolina landlords. Updated April 2026.
| Ground | Notice Required | Curable? | Statute |
|---|---|---|---|
| Nonpayment of Rent | 5 days | Yes | S.C. Code Ann. § 27-40-710(B) |
| Lease Violation (Curable) | 14 days | Yes | S.C. Code Ann. § 27-40-710(A) |
| Repeat Violation (within 6 months) | 14 days unconditional | No | S.C. Code Ann. § 27-40-710(A) |
| Holdover Tenant | 30 days | No | S.C. Code Ann. § 27-40-770 |
| Criminal Activity | Immediate | No | S.C. Code Ann. § 27-40-710(D) |
Deliver the appropriate written notice to the tenant. For nonpayment, a 5-day notice to pay or quit. For lease violations, a 14-day notice to cure or vacate. The notice should be served in person, by posting on the premises, or by certified mail. Keep proof of service.
If the tenant does not cure or vacate within the notice period, file a Rule to Show Cause (ejectment action) in magistrate court for the county where the property is located. Include the complaint, a copy of the notice served, the lease agreement, and proof of service. Filing fees vary by county.
The court will schedule a hearing, typically within 7 to 14 days of filing. Both parties present evidence. The landlord must prove proper notice was given and the grounds for eviction exist. If the tenant fails to appear, the landlord may obtain a default judgment for possession.
If the court rules in the landlord's favor, it issues a writ of ejectment. The tenant typically has a brief period (set by the court) to vacate voluntarily. The tenant may appeal within 10 days to circuit court, which can delay enforcement.
If the tenant does not vacate after the writ is issued, the sheriff or constable will execute the writ by physically removing the tenant from the premises. The landlord may then change the locks and secure the property. Any abandoned property must be handled according to S.C. Code § 27-40-730.
| Filing Fee | $80-$200 |
|---|---|
| Service Fee | $25-$75 |
| Attorney | $500-$1,500 |
South Carolina property managers commonly handle the eviction process from notice through filing. Many magistrate courts allow property managers to represent the property owner, though some require an attorney for contested hearings. Property managers should ensure all notices comply with statutory requirements, maintain documentation of lease violations and communications, and coordinate with the sheriff for writ enforcement. Eviction coordination fees typically range from $200 to $500 in addition to court costs.
No. Self-help evictions are prohibited under S.C. Code § 27-40-720. A landlord cannot change locks, shut off utilities, or remove a tenant's belongings. All evictions must proceed through magistrate court with proper notice and a court hearing.
The fastest timeline is approximately 2 weeks: 5 days for the notice period, 1-2 days to file, and 7-10 days for a court hearing. Uncontested cases with a cooperative court schedule can be completed in 14 days. Contested cases take 3-4 weeks or more.
Yes, during the 5-day notice period. The tenant can cure the default by paying all rent due within 5 days. Once the notice period expires and the landlord files for eviction, paying rent does not automatically stop the process, though a judge may consider it.
Under S.C. Code § 27-40-730, after a writ of ejectment is executed, the landlord must store the tenant's abandoned property for a reasonable period and provide notice. If the tenant does not claim the property, the landlord may dispose of or sell it after following proper procedures.
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