Form Complaint for Continuing Trespass and Nuisance South Carolina

Last Updated: September 19, 2022 by Elizabeth Souza

Steps of the eviction process in South Carolina:

1. Landlord serves tenant written notice.
2. Landlord requires Rule/Order to Show Cause and is served.
3. Court holds hearing and issues judgment.
4. Writ of ejectment is issued.
5. Possession of property is returned to landlord.

Evicting a tenant in South Carolina can take around four to nine weeks (or more) depending on the eviction type and how quickly the summons is served on the tenant. If tenants request a jury trial, the process can take longer.

Questions? To chat with a South Carolina eviction attorney, click here

Grounds for an Eviction in South Carolina

In South Carolina, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under South Carolina law. Even so, proper notice must first be given before ending the tenancy.

Grounds	Notice Period	Curable?
Nonpayment of Rent	5 Days	Maybe
End of / No Lease	30 Days	No
Lease Violation	14 Days	Maybe

Eviction for Nonpayment of Rent

In South Carolina, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 5 days' notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

However, no notice is required if the following language is in bold conspicuous type on the written lease:

"IF YOU DO NOT PAY YOUR RENT ON TIME This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit."

If this language is in the written rental agreement and rent isn't paid within 5 days of the due date, the landlord can begin the eviction process without notice.

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in South Carolina the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days).

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.

Eviction for No Lease or End of Lease

In South Carolina, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Eviction for Violation of Lease or Responsibilities

In South Carolina, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under South Carolina landlord-tenant law. To do so, a landlord must provide 14 days' notice to begin correcting the issue or move out. For all lease violations, a tenant has the opportunity to correct the issue to avoid eviction.

If the tenant begins to make corrections but cannot complete the remedy within the 14-day notice period, the landlord must allow the tenant to make the corrections within a "reasonable" amount of time. The landlord shall not file an eviction lawsuit under the abovementioned circumstances.

Tenant responsibilities include:

• Complying with all building and housing codes that materially affect health and safety.
• Keeping the rental unit reasonably safe and clean.
• Disposing of all garbage, ash, rubbish, and other waste in a safe manner.
• Keeping all plumbing fixtures clean.
• Using all facilities (including elevators) and appliances in a safe manner.
• Not allowing tenants or guests to deliberately or negligently destroy, damage, remove, or impair the dwelling unit.
• Not disturbing the peaceful enjoyment of other tenants.
• Complying with all lease rules and regulations.

Examples of lease violations include:

• Having an unauthorized pet, guest or vehicle.
• Parking in an unauthorized area.
• Not maintaining a certain level of cleanliness.
• Health violations (i.e., allowing trash to pile up).
• Safety violations (i.e., damaging the electrical wiring).

For health and safety violations that create an emergency situation, the tenant must fix them as quickly as possible.

The tenant has 14 days to begin fixing the issue and must complete the correction in a "reasonable" amount of time after notice was given. If no action was made to fix the issue, the landlord may proceed with the eviction process.

warning

Illegal Evictions in South Carolina

In South Carolina, any of the below is illegal.

"Self-Help" Evictions

No matter the situation, a landlord is not allowed to forcibly remove a tenan t by:

• Changing the locks.
• Shutting off utilities.
• Removing tenant belongings.

If found liable, the landlord could be required to pay the tenant an amount equal to 3 months' periodic rent or twice the actual damages sustained, whichever is greater, plus reasonable attorneys' fees. A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

• Complaining about a material health or safety issue to the landlord or governmental agency.
• Filing a complaint to a government authority.

If found liable, the landlord could be required to pay the tenant an amount equal to 3 months' periodic or treble the actual damages sustained, whichever is greater, plus reasonable attorneys' fees.

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in South Carolina by serving the tenant with written notice. The notice must be delivered by one of the following methods:

• Giving it to the tenant in person; or
• Mailing the notice to the tenant via registered/certified mail.

It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.

5-Day Notice to Pay Rent or Quit

If a tenant is late on paying rent (full or partial) in South Carolina, the landlord can serve them a 5-Day Notice to Pay or Quit. This notice gives the tenant 5 calendar days to pay the entire remaining balance or vacate the premises.

30-Day Notice to Quit

For a tenant with no lease or a month-to-month lease in South Carolina, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.

For tenants that don't pay monthly, the amount of notice differs:

Rent Payment Frequency	Notice Amount
Week-to-Week	7 Days
Month-to-Month	30 Days

14-Day Notice to Cure or Vacate

In South Carolina, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 14-Day Notice to Cure or Vacate. This eviction notice gives the tenant 14 calendar days to fix the issue or move out.

Questions? To chat with a South Carolina eviction attorney, click here

Step 2: Landlord Files Petition with Court

As the next step in the eviction process, South Carolina landlords must apply for a Rule (or Order) to Show Cause in the appropriate court. A landlord must file an ejectment action with the court which provides details on why the tenant should be evicted. In Charleston County, this costs $40 in filing fees and an additional $10 for a writ of ejectment.

The summons and Rule/Order to Show Cause may be served on the tenant by the sheriff, deputy sheriff, magistrate's constable, or anyone over the age of 18 who is not part of the eviction case using one of the following methods:

1. Giving a copy to the tenant in person;
2. Leaving a copy with someone who resides at the tenant's rental unit;
3. Mailing via certified mail as long as a return receipt is requested; or
4. Using a commercial delivery service to deliver the summons and rule/order to the tenant.

South Carolina law doesn't address how much time a landlord has to serve the tenant with the rule/order prior to the hearing, or how quickly the summons and rule/order must be served after the landlord files a request for the eviction rule/order with the court.

However, if there is no proof of service (proving the tenant actually received a copy of the rule/order and summons) after 120 days, the eviction case may be dismissed.

A few days to a few weeks. If service can't be completed within 120 days, the lawsuit may be dismissed.

Step 3: Court Holds Hearing & Issues Judgment

The tenant must respond to the Rule/Order to Show Cause within 10 days after the summons was served on the tenant.

This is the tenant's opportunity to contest the eviction and explain why they should be allowed to remain in the rental unit. In some court locations, this may be called "making an appearance."

If the tenant fails to respond/make an appearance within that timeframe, the judge will rule in favor of the landlord and the tenant will be evicted.

In some counties, tenants must request a hearing within 10 days of receiving the Rule/Order to the Show Cause or the court may rule in the landlord's favor. In other locations, the hearing is set when the landlord applies for the Rule/Order to Show Cause.

Either the landlord or tenant can request a jury trial, which will add more time to the process.

If the magistrate rules in favor of the landlord, a writ of ejectment will be issued and the eviction process will proceed.

Approximately 10 days. The tenant must respond, appear or request a hearing within 10 days of receiving the summons.

Step 4: Writ of Ejectment Is Issued

The writ of ejectment is the tenant's final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the deputy sheriff or constable returns to the property. The deputy sheriff is the only one authorized to enter the premises by force and must use the least destructive way to enter the premises.

If the court has ruled in the landlord's favor, a magistrate will issue a writ of ejectment within five days of their judgment in favor of the landlord.

Approximately 5 days. A writ of ejectment will be issued within five days of a ruling in favor of the landlord.

Step 5: Possession of Property is Returned

The tenant will have 24 hours after the writ of ejectment is posted or given to the tenant to move out of the rental unit.

If the tenant has not moved out of the rental unit by the end of the notice period, the sheriff will forcibly remove them from the rental property.

24 hours. The tenant has 24 hours once the writ of ejectment has been posted or delivered to move out of the rental unit.

South Carolina Eviction Process Timeline

In South Carolina, an eviction can be completed in 4 to 9 weeksbut can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren't) in session and other various possible delays.

Below are the parts of the South Carolina eviction process outside the control of landlords for cases that go uncontested.

Step	Estimated Time
Initial Notice Period	5-30 Calendar Days
Court Issuing Rule to Show Cause	3-21 Business Days
Tenant Response Period	10 Business Days
Court Ruling	10 Business Days
Court Serving Writ of Possession	5 Business Days
Final Notice Period	24 Hours

Questions? To chat with a South Carolina eviction attorney, click here

Flowchart of South Carolina Eviction Process

For additional questions about the eviction process in South Carolina, please refer to the official state legislation, South Carolina Code §§ 27-37-10 to 27-37-160 and §§27-40-10 to 27-40-940, and South Carolina Rules for Magistrates Court, Rule 6, for more information.

Sources

1 SC Code § 27-37-10 (2021)

(A) The tenant may be ejected upon application of the landlord or his agent when (1) the tenant fails or refuses to pay the rent when due or when demanded, (2) the term of tenancy or occupancy has ended, or (3) the terms or conditions of the lease have been violated.

2 SC Code §27-40-710 (2019)

(B) If…the tenant fails to pay rent within five days from the date due…the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period…

3 SC Code § 27-37-10 (2021)

…(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B).

4 SC Code § 27-40-310 (2021)

Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month…

5 SC Code §27-40-770 (2019)

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice… (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.

6 SC Code §27-40-710 (2019)

(a)…if there is a noncompliance by the tenant…other than nonpayment of rent or a noncompliance materially affecting health and safety or the physical condition of the property…the landlord may deliver written notice to the tenant specifying the acts and omissions…and that the rental agreement will terminate…not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days.

…(2) if the remedy cannot be completed within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time, the rental agreement may not terminate by reason of the breach.

7 SC Code §27-40-720 (2019)

…(b) If there is noncompliance by the tenant with Section 27-40-510 materially affecting health and safety other than as set forth in subsection (a) above, and the tenant fails to comply as promptly as conditions require in case of emergency, or within fourteen days after written notice by the landlord if it is not an emergency, specifying the breach and requesting that the tenant remedy within that period of time, the landlord may terminate the rental agreement.

8 SC Code § 27-40-630 (2021)

(a) If the landlord is negligent or wilful in failing to provide essential services as required by the rental agreement or Section 27-40-440, the tenant may give written notice to the landlord specifying the breach and may:

(1) procure reasonable amounts of the required essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or

(2) recover damages based upon the diminution in the fair-market rental value of the dwelling unit and reasonable attorney's fees.

9 SC Code § 27-40-660 (2021)

If a landlord unlawfully removes or excludes the tenant from the premises, or wilfully diminishes services to tenant by interrupting or causing interruption of essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated the landlord shall return security recoverable under Section 27-40-410.

10 SC Code § 27-40-910 (2021)

(a) Except as provided in this section, a landlord shall not retaliate by increasing rent to an amount in excess of fair-market value or decreasing essential services or by bringing an action for possession after:

(1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or

(2) the tenant has complained to the landlord of a violation of this chapter…

(h) Any landlord who acts in retaliation against the tenant for engaging in protected conduct is liable for damages up to three month's rent or treble the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.

11 SC Rules of Magistrates Court, Rule 6 (2019)

(c) Service of the summons may be made by the sheriff, the sheriff's deputy, a magistrate's constable, or by any other person not less than eighteen (18) years of age, who is not an attorney in or a party to the action.

12 SC Rules of Magistrates Court, Rule 6 (2019)

(d)(1) …by delivering a copy of the summons and complaint to the individual personally or by leaving copies of the summons and complaint at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion, or by delivering a copy to an agent authorized by appointment or by law to receive service of process.

13 SC Rules of Magistrates Court, Rule 6 (2019)

(d)(6) Service…upon a defendant…referred to in paragraph (d)(1)…may be made by certified mail, return receipt requested and delivery restricted to the addressee…Service pursuant to this paragraph shall not be the basis for the entry of a default judgment unless the record contains a return receipt…by the defendant…If delivery is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

14 SC Rules of Magistrates Court, Rule 6 (2019)

(d)(7) Service…upon a defendant…referred to in paragraph (d)(1)…may be made by a commercial delivery service which meets the requirements to be considered a designated delivery service in accordance with 26 U.S.C. § 7502(f)(2).…If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

15 SC Rules of Magistrates Court, Rule 6 (2019)

(k) Subject to the provisions of any statute, rule, or order, a magistrate may dismiss a summons and complaint against any or all defendants without prejudice to the plaintiff if service of process cannot be obtained within one hundred twenty (120) days of the filing of the complaint.

16 SC Code §27-37-40 (2019)

If the tenant fails to appear and show cause within the aforesaid ten days then the magistrate shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county.

17 SC Code §27-37-100 (2019)

If the verdict be for the plaintiff the magistrate shall within five days issue a writ of ejectment and the tenant shall be ejected by the constable or special constable or the sheriff of the county.

18 SC Code §27-37-160 (2019)

In executing a writ of ejectment, the constable or deputy sheriff shall…give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours…the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment.

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Source: https://ipropertymanagement.com/laws/south-carolina-eviction-process

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