South Carolina · Evictions · Updated Oct 2026
South Carolina eviction rules for tenants
In South Carolina, only a judge can order an eviction. See your dates below and get free help today.
Checked against official sources: Oct 23, 2026
Short answer
- Notice for unpaid rent
- 5 days
- Time to answer in court
- The date on your court papers (see Legal details)
- Judge's order
- No eviction without a judge's order. Your landlord can't lock you out or remove you on their own.
Free help: South Carolina Legal Services · 888-346-5592
Official forms and court help: Court self-help: evictions in South Carolina
If you get an eviction notice
- Read it closely: the kind of notice, the amount, the dates and how it was delivered. Use the timeline below.
- Don't move out or stop paying because of a notice alone. Only a court can order an eviction; the notice is the first step.
- Get free legal help now. Legal aid and the court's self-help center can check whether the notice is valid.
- If you are served with court papers, respond by the deadline and go to every hearing. Missing one can mean losing by default.
- Keep copies of the notice, your lease, rent receipts, texts and photos.
Eviction notice timeline for South Carolina
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Where to get free help in South Carolina
Legal details
- Notice for unpaid rent
- 5 days. If rent isn't paid within 5 days of the due date, the landlord can end the lease after giving written notice. Warning: only one notice is needed for the whole lease, and if your written lease contains the 'IF YOU DO NOT PAY YOUR RENT ON TIME' paragraph, that counts as the notice and you will get no other warning.
- Notice for a lease violation
- 14-day written notice to fix (cure) the problem; if you fix it in time, or start in good faith and finish within a reasonable time, the lease doesn't end.
- Ending a month-to-month tenancy
- At least 30 days' written notice by landlord or tenant. Week-to-week: 7 days.
- Time to respond to an eviction lawsuit
- The magistrate issues a 'Rule to Vacate or Show Cause.' You have 10 days after it is served to ask for a hearing; if you don't, you can be evicted without one.
- Lockouts and utility shutoffs
- If the landlord locks you out or cuts off essential services, you can get back in or end the lease and recover three months' rent or twice your actual damages, whichever is greater, plus attorney fees.
- Court self-help
- The court's eviction self-help page
- Law
- S.C. Code §§ 27-40-660, 27-40-710, 27-40-770; § 27-37-20
Retaliation in South Carolina
The landlord may not raise rent above fair-market value, cut essential services, or file for eviction because you complained to a code agency or complained to the landlord about violations. You can use it as a defense and get the lockout remedies. Warning: if your defense has no merit, you may owe the landlord's attorney fees, and up to 3 months' rent or triple damages if raised in bad faith. No presumption period. S.C. Code § 27-40-910.
Rent increases and rent control in South Carolina
- Notice of a rent increase
- No statute sets a rent increase notice. For month-to-month tenancies, a change in practice comes with the 30-day notice needed to end the tenancy.
- Rent control
- No statewide rent control or rent cap.
More for South Carolina renters
- All South Carolina tenant rights
- Security deposit: South Carolina
- Repairs: South Carolina
- Eviction notice periods by state
- Guide: what to do if you get an eviction notice
Eviction in nearby states
Sources
- S.C. Code Title 27, Chapter 40 (Residential Landlord and Tenant Act)
- S.C. Code Title 27, Chapter 37 (Ejectment of tenants)
- SC Judicial Branch: Magistrate Court
- South Carolina Legal Services
Checked against official sources: Oct 23, 2026