South Carolina's rule on how eviction works turns on a feature the national template does not capture: South Carolina requires Ejectment of tenants in Magistrate court for most residential ejectment actions.. Rule to vacate / show-cause ejectment process and RLTA notices for nonpayment or breach must meet statutory content and service rules. The controlling authority is S.C. Code Ann. §§ 27-37-10 et seq. (ejectment of tenants); §§ 27-40-10 et seq. (Residential Landlord and Tenant Act). Landlord applies for ejectment; rule to vacate issues; hearing follows; writ of ejectment may issue for constable/sheriff execution.
Key takeaways
- Process name: Ejectment of tenants.
- Primary authority: S.C. Code Ann. §§ 27-37-10 et seq. (ejectment of tenants); §§ 27-40-10 et seq. (Residential Landlord and Tenant Act).
- Filing forum: Magistrate court for most residential ejectment actions..
- Notice: Rule to vacate / show-cause ejectment process and RLTA notices for nonpayment or breach must meet statutory content and service rules.
- Self-help lockouts: Self-help lockouts of residential tenants are unlawful; ejectment process is required.
Worked example under South Carolina law
The illustration below uses only rules already stated for South Carolina. It is a research hypothetical, not a prediction of what a court will do.
A residential landlord in South Carolina wants possession after unpaid rent and cannot use a lockout.
- Give the notice South Carolina actually requires: Rule to vacate / show-cause ejectment process and RLTA notices for nonpayment or breach must meet statutory content and service rules.
- File Ejectment of tenants in Magistrate court for most residential ejectment actions. under S.C. Code Ann. §§ 27-37-10 et seq. (ejectment of tenants); §§ 27-40-10 et seq. (Residential Landlord and Tenant Act).
- Prove the tenancy, the ground, and proper notice. Tenant defenses include: Improper notice/service, payment, habitability under the RLTA, and retaliatory eviction.
- If the landlord prevails, possession is enforced by writ — Self-help lockouts of residential tenants are unlawful; ejectment process is required.
Landlord applies for ejectment; rule to vacate issues; hearing follows; writ of ejectment may issue for constable/sheriff execution.
The South Carolina eviction / Ejectment of tenants framework
Landlord applies for ejectment; rule to vacate issues; hearing follows; writ of ejectment may issue for constable/sheriff execution.
Exact deadlines vary by county practice, service method, and whether the tenant answers. Commercial leases and subsidized housing can add federal or program-specific rules on top of South Carolina law.
Notice requirements before filing
Rule to vacate / show-cause ejectment process and RLTA notices for nonpayment or breach must meet statutory content and service rules.
A defective notice is one of the most common reasons an eviction is dismissed without prejudice. Landlords should match the notice form and timing to the ground for eviction (nonpayment vs. cureable breach vs. no-cause termination where allowed). Tenants should keep the envelope, text, email, and posting photos.
Where the case is filed
Eviction actions in South Carolina are filed in Magistrate court for most residential ejectment actions.. Service must follow South Carolina rules — personal service, substitute service, or posting/mailing combinations as authorized. Improper service can void a default judgment.
Hearing, judgment, and writ of possession
After service, the tenant usually has a short window to answer. At hearing the landlord must prove the landlord-tenant relationship, the ground for eviction, proper notice, and (for nonpayment) the rent due. If the landlord prevails, the court issues a judgment for possession and, after any statutory waiting period, a writ of possession executed by the sheriff or constable — not by the landlord personally.
Tenant defenses in South Carolina
Improper notice/service, payment, habitability under the RLTA, and retaliatory eviction.
Habitability, retaliation, and discrimination defenses can convert a simple nonpayment case into a longer civil action. Tenants asserting habitability should document repair requests; landlords facing those defenses should document inspections and cure efforts.
Self-help is not a shortcut
Self-help lockouts of residential tenants are unlawful; ejectment process is required.
Illegal lockouts can expose landlords to statutory damages, attorney's fees, and even criminal penalties in some jurisdictions. The lawful path is notice → Ejectment of tenants → writ.
Practical tips
- Calendar every notice and answer deadline; eviction timelines are intentionally short.
- Bring the lease, ledger, notices, and proof of service to the first hearing.
- Search South Carolina opinions for “Ejectment of tenants”, “writ of possession”, and “notice to quit” on LawDiver before a contested trial.
- Subsidized, mobile-home, and hotel-to-housing arrangements may follow different notice statutes — verify the housing type.
Case law: eviction and landlord-tenant in South Carolina
American Oil Co. v. Cox Et Al.
American Oil Co. v. Cox Et Al., 182 S.C. 419 (1937)
…ch is in dispute, exceeds the sum of $500.00. In actions of forcible entry and detainer, however, such as this, the jurisdiction of the magistrate is not affected by the value of the property, the possession of which is sought to be recovered. In such cases it is generally held that the value of the premises is totally im *424 material. 26 C. J., § 93, p. 843. Summary actions b…
American Oil Co. v. Cox Et Al. is worth reading on South Carolina eviction / landlord-tenant because the court put the point in its own words: "In actions of forcible entry and detainer, however, such as this, the jurisdiction of the magistrate is not affected by the value of the property, the possession of which is sought to be recovered." Use that passage as the starting point, then read the facts that precede it.
DeLAINE v. ALDERMAN
DeLAINE v. ALDERMAN, 31 S.C. 267 (1889)
…t amount ($1,500) against the defendant as a “disseizor” in forcible entry and detainer. The defendant put in a general denial, and, interposing several specific defences, denied that the plaintiff owned the land mentioned in the complaint, or, if so, that he ever objected to the entry and laying down of the rails, but reserved his objections to the removal of them ; that the p…
South Carolina opinions such as DeLAINE v. ALDERMAN are cited where eviction / landlord-tenant is disputed. The court stated: "t amount ($1,500) against the defendant as a “disseizor” in forcible entry and detainer. The defendant put in a general denial, and, interposing several specific defences, denied that the plaintiff owned the land mentioned in the complaint, or, if so, that he ever objected to the" That is the language to brief; the rest of the decision supplies the procedural posture.
Frederick Et Al. v. Chapman Et Al.
Frederick Et Al. v. Chapman Et Al., 144 S.C. 137 (1928)
…l Judge apparently took the view that the action was one of forcible entry and detainer, and charged the jury as follows: “You will bear in mind that this is not a question of title; we are not trying the title to this property. This is a question for the possession of real estate, and damages for the alleged unlawful detention thereof, in other words, the *142 question for you…
On eviction / landlord-tenant, Frederick Et Al. v. Chapman Et Al. speaks to the South Carolina dispute in this passage: "Judge apparently took the view that the action was one of forcible entry and detainer, and charged the jury as follows: “You will bear in mind that this is not a question of title; we are not trying the title to this property." The surrounding opinion shows how the court applied that language to the record.
Barbee v. Winnsboro Granite Corporation.
Barbee v. Winnsboro Granite Corporation., 190 S.C. 245 (1939)
…ant, the rent for seven months was past due and unpaid. The forcible dispossession of an occupant of real property without legal process by one entitled to possession is looked upon with considerable disfavor by the Courts, and in many, if not all, jurisdictions the dispossessor is liable in damages, compensatory if not exemplary, for his act; but where the dispossession has be…
South Carolina opinions such as Barbee v. Winnsboro Granite Corporation. are cited where eviction / landlord-tenant is disputed. The court stated: "ant, the rent for seven months was past due and unpaid. The forcible dispossession of an occupant of real property without legal process by one entitled to possession is looked upon with considerable disfavor by the Courts, and in many, if not all, jurisdictions the dispossessor" That is the language to brief; the rest of the decision supplies the procedural posture.
WILLOUGHBY v. RAILROAD COMPANY
WILLOUGHBY v. RAILROAD COMPANY, 32 S.C. 410 (1890)
…r to any other liabilities than those which the statutes of forcible entry and detainer have expressly annexed to his act. This question has been very fully considered in 4 Amer. Law Rev., 429, and the authorities down to that time (April, 1870) elaborately reviewed. It is there shown that the idea, that one who has authority to enter, and abuses that authority either by unnece…
On eviction / landlord-tenant, WILLOUGHBY v. RAILROAD COMPANY speaks to the South Carolina dispute in this passage: "This question has been very fully considered in 4 Amer. Law Rev., 429, and the authorities down to that time (April, 1870) elaborately reviewed." The surrounding opinion shows how the court applied that language to the record.
Anne S. PARKER v. Winfield W. SHECUT and Marion A. Shecut, III
Anne S. PARKER v. Winfield W. SHECUT and Marion A. Shecut, III, 359 S.C. 143 (2004)
…) (holding trespass not sufficient to sustain an action for forcible entry and detainer). II. Escrow Accounting Anne argues that the master erred in updating the escrow accounting by failing to include certain bartered and paid rents. We disagree. *151Since November 12, 1997, Carole Gunter (Gunter) has been the escrow agent for the Shecut family. Her primary responsibility as t…
South Carolina opinions such as Anne S. PARKER v. Winfield W. SHECUT and Marion A. Shecut, III are cited where eviction / landlord-tenant is disputed. The court stated: "II. Escrow Accounting Anne argues that the master erred in updating the escrow accounting by failing to include certain bartered and paid rents. We disagree. *151Since November 12, 1997, Carole Gunter (Gunter) has been the escrow agent for the Shecut family." That is the language to brief; the rest of the decision supplies the procedural posture.
The STATE, Respondent, v. James L. McATEER, Jr., Appellant
The STATE, Respondent, v. James L. McATEER, Jr., Appellant, 333 S.C. 615 (1998)
…onstituted a breach of the peace to include affrays, riots, forcible entries and detainers, barretries (defaming, spreading false rumors, and starting fights), and riding armed); 4 Sir William Blackstone, Commentaries on the Laws of England 142 (J.B. Lippencott & Co. ed. 1858) (listing similar breach of the peace crimes); see also State v. Sundberg, 611 P.2d 44, 47 (Alaska 1980…
The STATE, Respondent, v. James L. McATEER, Jr., Appellant is worth reading on South Carolina eviction / landlord-tenant because the court put the point in its own words: "Sir William Blackstone, Commentaries on the Laws of England 142 (J.B. Lippencott & Co. ed. 1858) (listing similar breach of the peace crimes); see also State v. Sundberg, 611 P." Use that passage as the starting point, then read the facts that precede it.
State v. Bates.
State v. Bates., 87 S.C. 527 (1911)
…ered by Mr. Justice Woods. The defendants were convicted of forcible entry and detainer of a strip of land alleged to have been in the possession of A. B. Atkins. *529 1 The first question raised by the appeal is whether the Circuit Judge erred in refusing to direct a verdict of acquittal on the ground that there was no evidence of such conduct on the part of the defendants as…
South Carolina opinions such as State v. Bates. are cited where eviction / landlord-tenant is disputed. The court stated: "Mr. Justice Woods. The defendants were convicted of forcible entry and detainer of a strip of land alleged to have been in the possession of A. B. Atkins." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How does eviction work in South Carolina?
South Carolina uses Ejectment of tenants under S.C. Code Ann. §§ 27-37-10 et seq. (ejectment of tenants); §§ 27-40-10 et seq. (Residential Landlord and Tenant Act). Landlord applies for ejectment; rule to vacate issues; hearing follows; writ of ejectment may issue for constable/sheriff execution.
How much notice does a landlord have to give?
Rule to vacate / show-cause ejectment process and RLTA notices for nonpayment or breach must meet statutory content and service rules.
Can a landlord change the locks without going to court?
Self-help lockouts of residential tenants are unlawful; ejectment process is required.
What defenses can a tenant raise?
Improper notice/service, payment, habitability under the RLTA, and retaliatory eviction.