South Carolina Eviction Laws

A residential landlord in South Carolina may legally evict a tenant for any of these reasons:

  • Not paying the rent the rent on time
  • Violating the rental agreement
  • Expiration of the rental term
  • Abandonment of the rental unit by the tenant
  • Tenant has damaged the property or failed to keep the property safe and clean

A residential landlord has to follow The South Carolina Residential Landlord Tenant Act. The landlord must also follow the steps of the South Carolina eviction process, which provides that the appropriate written notice be served and that a court order be obtained.

Tenant Self-Eviction is Unlawful in South Carolina

A landlord can never take eviction into his or her own hands. Self-eviction is illegal and includes such acts as shutting off the utilities, removing the tenant’s personal property, threatening the tenant, changing the locks or taking any other action to deny the tenant access to the property.

5-Day Eviction Notice

Many evictions are the result of not paying the rent on time. Most leases do have grace periods. After that period has passed, the landlord can serve the tenant with a 5-Day Eviction Notice allowing the tenant 5-days to pay the overdue rent, vacate the unit or face an eviction suit.

14-Day Eviction Notice

For other lease violations such as damaging the property or failing to keep it clean, the South Carolina eviction notice is 14-days to comply or face eviction. In addition, the landlord can take possession of a rental unit if there is an unexplained absence of a tenant from a dwelling unit for a period of 15 days after the rent was due and not paid. This is not ocsidered an eviction but considered abandonment, and the landlord can take possession.

30-Day Eviction Notice

At the end of a month-to-month lease, the eviction notice is 30-days with no reason for the eviction necessary but it may not be for a discriminatory or other illegal reason.

Consequences of an Eviction Judgment

Evicting someone is time-consuming and costly and should not be taken lightly. A tenant’s credit and ability to find new housing can be significantly affected.A tenant is advised to vacate the property if the rent cannot be paid or if compliance with the lease is not possible.

For more information about South Carolina eviction law please visit:

http://www.scbar.org/PublicServices/LawLine/Eviction.aspx


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