Eviction Process in South Carolina: A 2026 Landlord's Guide
5-day notice for nonpayment. 14-day for violations. Magistrate court process.
Required notice types in South Carolina
| Type | Notice Period | Purpose |
|---|---|---|
| Nonpayment | 5 days | Tenant failed to pay rent. Tenant may cure by paying the full amount owed before the deadline in most states. |
| Lease violation (curable) | 14 days | Tenant is violating lease terms (unauthorized pets, unauthorized occupants, noise, etc.) and has the option to correct the violation. |
The eviction process, step by step
Step 1 — Serve a 5-day Notice to Pay or Vacate. South Carolina law requires you to give the tenant written notice and 5 days to either pay what's owed or vacate. Serve in the manner permitted by S.C. Code § 27-40-710.
Step 2 — File a Rule to Vacate / Ejectment complaint. If the tenant doesn't pay or move out by the deadline, file in the appropriate court (typically justice, district, or small claims depending on county).
Step 3 — Court hearing. The court sets a hearing, typically within 2-6 weeks. Bring the lease, payment ledger, copy of the notice, and proof of service.
Step 4 — Judgment and writ of possession. If you win, the court issues a judgment. After the tenant's appeal window closes, the sheriff or constable executes the writ and restores possession.
How long does an eviction take in South Carolina?
Uncontested cases in South Carolina typically move through the courts in about 40 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy filings, and local court backlogs can extend this significantly. The minimum realistic timeline (everything uncontested, no appeals) is roughly 20 days.
Need to send a Notice to Pay or Vacate right now?
LandlordPro drafts a South Carolina notice in about 2 minutes using the notice period and service language on file for South Carolina, with a digital audit trail. Check the current statute or a local attorney before you serve it.
Start free — no credit cardKey statute for South Carolina
Notice for unpaid rent
Authority: S.C. Code § 27-40-710(B)
If rent is unpaid when due and the tenant fails to pay rent within five days from the date due ... the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment
What this means: South Carolina requires a 5-day notice before you can file for eviction over unpaid rent.
Read from the statute text (verified 2026-09-22)
Notice for other lease violations
Authority: S.C. Code § 27-40-710(A)
the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days.
What this means: South Carolina requires a 14-day notice before you can file for eviction over a lease violation other than unpaid rent.
Read from the statute text (verified 2026-09-22)
Ending a month-to-month tenancy
Authority: S.C. Code § 27-40-770(b)
The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.
What this means: South Carolina requires 30 days' notice to end a month-to-month tenancy.
Read from the statute text (verified 2026-09-22)
Abandoned property
In South Carolina a unit is abandoned after 15 days of unexplained absence following unpaid rent, or at once if the tenant also shut off the utilities. Belongings worth $500 or less may be disposed of; anything worth more may be removed only through the court process (S.C. Code § 27-40-730).
Frequently asked questions
How many days' notice do I need to give before evicting for nonpayment in South Carolina?
South Carolina law requires a 5-day notice for nonpayment of rent. The tenant typically has those 5 days to either pay the full amount owed or vacate before you can file in court. See S.C. Code § 27-40-710.
How long does an eviction take in South Carolina?
An uncontested eviction in South Carolina typically takes about 40 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy, or court backlogs can add weeks or months.
Can I evict a tenant at the end of their lease in South Carolina without cause?
South Carolina generally allows landlords to end a tenancy at the close of a fixed-term lease or with proper notice to a month-to-month tenant, without needing to show fault. Local ordinances may add requirements — confirm with an attorney if you're in a large city.
Can I change the locks or shut off utilities to force a South Carolina tenant out?
No. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal in South Carolina and every other US state. Only a court order and a sheriff or constable can legally remove a tenant. Self-help exposes you to damages and statutory penalties.
What happens if my South Carolina tenant files for bankruptcy during eviction?
A bankruptcy filing triggers an automatic stay that halts the eviction, even if you have a judgment. You'll generally need to file a motion for relief from the automatic stay in bankruptcy court before resuming. Bankruptcies add weeks or months — factor this into your risk assessment.
Handling evictions in South Carolina with LandlordPro
LandlordPro is built to keep you on the right side of South Carolina's procedural rules. The notice wizard asks a few questions, drafts a notice using the number of days and language on file for this state; verify it against the current statute before serving, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its tenant records bundle feature assembles an attorney-review-ready PDF with a plain-English AI records summary of the case — a tool no other landlord software offers.
Create your first South Carolina notice →
Raising the rent: South Carolina requires 30 days' notice before a rent increase (via the month-to-month notice rule). South Carolina rent increase laws →
Late rent: South Carolina sets no cap on late fees. South Carolina late fee laws →
Related: South Carolina security deposit law — limits & return deadlines · What an eviction costs in every state
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Choosing landlord software
Still deciding which software to run your South Carolina rentals on? These are side-by-side breakdowns written by a landlord who self-manages 13 units — pricing, what each tool does well, and where it falls short for small portfolios.
Questions from South Carolina landlords
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