Landlord guide, South Carolina (SC)
South Carolina eviction process: the landlord’s steps from notice to removal
The eviction process in South Carolina starts with the 5-day notice of nonpayment: 5 court days for unpaid rent (S.C. Code §§ 27-40-710(B), 27-37-10(B), 27-40-240(D)). Then the landlord files in the magistrates court, where the case is called ejectment (rule to vacate or show cause); the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 5 court days
- S.C. Code §§ 27-40-710(B), 27-37-10(B), 27-40-240(D)
- Court
- magistrates court
- S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800
- Time to appeal
- 30 days
- S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process South Carolina landlords follow, step by step
Notice and court names are given as they read on South Carolina’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 5-day notice of nonpayment, 5 court days (S.C. Code §§ 27-40-710(B), 27-37-10(B), 27-40-240(D)).
Paying everything owed inside the period ends the case, by statute.
Another breach of the lease: the 14-day notice to remedy, 14 calendar days (S.C. Code § 27-40-710(A)).
No reason, month to month: 30 days’ notice (S.C. Code Ann. § 27-40-770).
What the statute adds, in English
The landlord may terminate if rent is not paid within five days of the due date after written notice; one notice per lease term, or the statutory clause in bold in the written lease, satisfies it. Time is counted under the S.C. Rules of Civil Procedure, which leave out weekends and holidays in a period under seven days.
- 2
Step 2
File the eviction in court
File in the magistrates court, where the case is called ejectment (rule to vacate or show cause) (S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800).
- 3
Step 3
Go to the hearing
The tenant has 10 days to answer the complaint.
The statute sets no timetable for the hearing that we could confirm; the court schedules it.
- 4
Step 4
Judgment and appeal
If the court rules for you, the tenant has 30 days to appeal.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
24 hours after the writ of ejectment is presented or posted
South Carolina eviction process timeline
- Notice before filing
- 5 court days
- Time to answer
- 10 days
- Hearing
- Not confirmed
- Time to appeal
- 30 days
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
No. South Carolina bans self-help eviction (S.C. Code §§ 27-40-760, 27-40-660), so only the court process can remove a tenant.
A landlord may not take possession except through the chapter, including by willfully interrupting essential services. A tenant ousted or cut off may recover possession or end the agreement and recover three months' rent or twice actual damages, whichever is greater.
The court process is the safe course in every state.
Write the South Carolina eviction notice
Fill in the notice for South Carolina in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the South Carolina notice with its 5 court days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
South Carolina eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 5-day notice of nonpayment5 court daysPaying in full within the period stops itThe landlord may terminate if rent is not paid within five days of the due date after written notice; one notice per lease term, or the statutory clause in bold in the written lease, satisfies it. Time is counted under the S.C. Rules of Civil Procedure, which leave out weekends and holidays in a period under seven days. | S.C. Code §§ 27-40-710(B), 27-37-10(B), 27-40-240(D) |
| Notice for a lease breach | 14-day notice to remedy14 calendar daysThe tenant can fix the breach within the periodThe agreement ends on the stated date unless the breach is remedied within 14 days, or a remedy that takes longer is begun in that time and pursued in good faith. | S.C. Code § 27-40-710(A) |
| Notice to end a month-to-month tenancy | 30 days | S.C. Code Ann. § 27-40-770 |
| How a notice is served | delivered in hand to the tenantregistered or certified mail to the tenant's designated address or last known residence | S.C. Code § 27-40-240(B)(3) |
| Court and action | magistrates courtejectment (rule to vacate or show cause) | S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800 |
| Time to answer | 10 days | S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800 |
| Hearing | Not confirmed from the statute | Not confirmed from the statute |
| Time to appeal | 30 days | S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800 |
| Removal | 24 hours after the writ of ejectment is presented or posted | S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800 |
| Self-help (lockouts, utilities) | BannedA landlord may not take possession except through the chapter, including by willfully interrupting essential services. A tenant ousted or cut off may recover possession or end the agreement and recover three months' rent or twice actual damages, whichever is greater. | S.C. Code §§ 27-40-760, 27-40-660 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
Questions landlords ask about eviction in South Carolina
How long does an eviction take in South Carolina?
The notice for unpaid rent runs 5 court days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a South Carolina landlord serve for unpaid rent?
The 5-day notice of nonpayment, which gives the tenant 5 court days (S.C. Code §§ 27-40-710(B), 27-37-10(B), 27-40-240(D)). Paying everything owed inside the period ends the case, by statute.
Can a landlord change the locks in South Carolina?
No. South Carolina bans self-help eviction (S.C. Code §§ 27-40-760, 27-40-660), so only the court process can remove a tenant. The exact limits are quoted on this page.
Where is an eviction filed in South Carolina?
In the magistrates court, where the case is called ejectment (rule to vacate or show cause) (S.C. Code §§ 27-37-20, 27-37-30, 27-37-40, 27-37-130, 27-37-160, 18-7-20, 27-40-800).
How does a landlord end a month-to-month tenancy in South Carolina?
With 30 days’ notice (S.C. Code Ann. § 27-40-770). If the tenant stays on after that, the eviction process on this page applies.
Can the tenant appeal an eviction in South Carolina?
Yes. The tenant has 30 days after the judgment to appeal.
How long does the SC eviction process take?
The notice for unpaid rent runs 5 court days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
The eviction process in other states
- Oklahoma: 5 calendar days for unpaid rent
- Oregon: 10 calendar days for unpaid rent
- Pennsylvania: 10 calendar days for unpaid rent
- Rhode Island: 5 calendar days for unpaid rent
- South Dakota: no notice before filing
- Tennessee: 14 calendar days for unpaid rent
- Texas: 3 calendar days for unpaid rent
- Utah: 3 business days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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