Getting Evicted in South Carolina
I'm facing eviction — here's what South Carolina law says and what to do next.
Statute: S.C. Code § 27-40-660
Deadline: 3 days
Penalty: Tenant may recover three months' rent or actual damages (whichever is greater), plus reasonable attorney fees
What is getting evicted?
Your landlord cannot just throw you out. Federal and state laws require landlords to follow specific legal procedures before they can evict you. An eviction without proper notice and a court order is illegal — it's called a "self-help eviction" and you can sue for it.
Even if you owe rent, your landlord must give you written notice, file a case in court, and get a judge's order before you can be removed. You have the right to appear in court and defend yourself.
What to Do If Your Landlord Is Trying to Evict You
Step 1: Read the notice carefully. It should state the reason for eviction and how many days you have to respond or fix the problem ("cure period").
Step 2: If the notice says "pay rent or quit," you can stop the eviction by paying the full amount owed within the cure period.
Step 3: If you receive a court summons, SHOW UP. Many tenants lose eviction cases by default because they don't appear. You have the right to present your defense.
Step 4: Gather evidence: your lease, rent receipts, photos of the property condition, any communication with your landlord.
Step 5: Contact your local legal aid office. Many offer free representation in eviction cases. Call 211 or visit lawhelp.org to find help in your area.
How South Carolina differs from federal law
South Carolina evictions are governed by the SC Residential Landlord and Tenant Act:
- Landlords must provide 5 days' written notice for nonpayment of rent
- For lease violations: 14 days' notice with 14 days to remedy
- Landlords must file an ejectment action in magistrate court
- Self-help evictions are illegal
- SC does not have rent control
Additional steps in South Carolina
Contact SC Legal Services at (888) 346-5592 or sclegal.org.
What you should NOT do
Don't ignore the notice. Eviction timelines are strict. Missing a deadline can mean losing your right to fight it.
Don't move out just because the landlord says to. Until there's a court order, you have every right to stay.
Don't withhold rent without legal justification. If you have habitability issues, follow your state's "repair and deduct" or rent escrow procedures instead.
Don't destroy property. Damaging the rental unit can result in additional legal liability and hurt your case.
Don't wait — the clock is ticking.
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Generate your illegal eviction response →This page is general legal information for South Carolina, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in South Carolina.