South Carolina Landlord Tenant Law - Click here to return to US Landlord

State of South Carolina Eviction Law


SECTION 27-35-90. Time for payment of rents.
Unless otherwise agreed upon rents shall be payable monthly and at the end of each calendar month,
excepting rents for farm lands.

SECTION 27-35-110. Time of expiration of agreed tenancy for term or years.
When there is an express agreement, either oral or written, as to the term of the tenancy of a tenant
for term or for years such tenancy shall end without notice upon the last day of the agreed term.

SECTION 27-35-140. Failure to pay rent terminates tenancy.
Failure to pay the rent agreed upon when due, or a reasonable rent for use and occupation when
demanded, shall terminate all tenancies for a term, for years, from month to month and at will and the tenant
shall forthwith vacate the premises without notice.

SECTION 27-35-160. Unlawful abandonment of buildings without notice.
Any tenant abandoning a building and leaving it open and exposed to vandalism without giving
notice to the landlord of such action shall be deemed guilty of a misdemeanor and shall, upon conviction, be
fined not more than one hundred dollars or be imprisoned for not more than thirty days.

SECTION 27-35-170. Penalty on tenants continuing in possession three months after demand of
possession.
All tenants, whether for life or years, by sufferance or at will, or persons coming in under or by
collusion with them who shall hold over after the legal determination of their estates, after demand made in
writing for delivering possession thereof by the person having the reversion or remainder therein or his
agent, for the space of three months after such demand shall forfeit double the value of the use of the
premises, recoverable by action.

SECTION 27-35-180. Penalty for not delivering possession after notice of intent to quit.
In case any tenant shall give notice in writing of his intention to quit the premises rented by him and
shall not accordingly deliver up the possession at the time in such notice contained, the tenant, his executors
or administrators, shall pay to the landlord double the rent which he otherwise would have been liable to pay.
But nothing herein contained shall be construed to give such tenant a right to discontinue or determine his
tenancy by such notice in any other manner than according to the laws of force at the time of giving such
notice.



CHAPTER 37. 

EJECTMENT OF TENANTS


SECTION 27-37-10. Grounds for ejectment of tenant.
The tenant may be ejected upon application of the landlord or his agent when (a) such tenant fails or
refuses to pay the rent when due or when demanded, (b) the term of tenancy or occupancy has ended or (c)
the terms or conditions of the lease have been violated.

SECTION 27-37-20. Ejectment proceeding shall be instituted by rule.
Any tenant may be ejected in the following manner, to wit: Upon application by the landlord or his
agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith
to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate
within ten days after service of a copy of such rule upon the tenant.

SECTION 27-37-30. Service of rule.
The copy of such rule may be served in the same manner as is provided by law for the service of the
summons in actions pending in the court of common pleas of this State or, when no person can be found in
possession of the premises and the premises shall have remained unoccupied for a space of fifteen days or
more immediately prior to the date of such service, the copy of such rule may be served by leaving it affixed
to the most conspicuous part of the premises.

SECTION 27-37-40. Tenant ejected on failure to show cause.
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.

SECTION 27-37-100. Effect of verdict for plaintiff.
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.

SECTION 27-37-150. Accrual of rent after institution of proceedings.
After the commencement of ejectment proceedings by the issuance of a rule to vacate or to show
cause as herein provided, the rental for the use and occupancy of the premises involved shall continue to
accrue so long as the tenant remains in possession of the premises, at the same rate as prevailed immediately
prior to the issuance of such rule, and the tenant shall be liable for the payment of such rental, the collection
of which may be enforced by distress as herein provided with respect to other rents. But the acceptance by
the landlord of any rent, whether it shall have accrued at the time of issuing such rule or shall subsequently
accrue, shall not operate as a waiver of the landlord's right to insist upon ejectment, nor as a renewal or
extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the rule
shall control.

SECTION 27-37-160. Execution of writ of ejectment.
In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises,
present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily. If
the occupants refuse to vacate within twenty-four hours or the premises appear unoccupied, the constable or
deputy sheriff shall announce his identity and purpose. If necessary, 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. If the premises appear to be occupied and the occupant does not respond, the constable or deputy
sheriff shall leave a copy of the writ taped or stapled at each corner and attached at the top of either the front
or back door or in the most conspicuous place. Twenty-four hours following the posting of the writ, if the
occupants have not vacated the premises voluntarily, 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.
Discretion may be exercised by the constable or deputy sheriff in granting a delay in the dispossession of ill
or elderly tenants.

ARTICLE 3. 

COLLECTION OF RENT BY DISTRAINT


SECTION 27-39-210. Commencement of proceedings for collection of rent by distress.
A landlord may enforce collection of rent due by distress in the following manner, to wit: Any
magistrate having jurisdiction over the district in which the premises occupied are situate may issue, upon
receipt of an affidavit of the landlord or his agent setting forth the amount of rent due, a notice directed to the
tenant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress
hearing to be held not earlier than five days after the service of the notice. Such notice, together with a copy
of the affidavit, shall be delivered to (a) any regular constable, (b) such special constable as the magistrate
may appoint or (c) the sheriff of the county for enforcement. Such officer shall forthwith serve a copy of the
notice and affidavit on the tenant by delivering the copies to him personally, or if he cannot be found, to any
agent of the tenant in whose possession the property sought to be distrained is located. If neither the tenant
nor any agent of the tenant can be found, the tenant may be served by leaving such copies at the tenant's
place of business or at the rented premises with some person of suitable age and discretion. If, after
reasonable search, the tenant cannot be located in the county, no person can be found in possession of the
rented premises, and the premises have been abandoned for a period of fifteen days or more immediately
prior to the date of service, the copies of the affidavit and notice may be served by leaving them affixed to the
most conspicuous part of the premises and by delivering them to the clerk of court of the county in which the
premises are located. If the premises have been abandoned for fifteen days immediately prior to the date of
service, the tenant shall be deemed to have appointed the clerk of court as his agent for acceptance of service
of the notice and affidavit.

SECTION 27-39-220. Predistress hearing.
The purpose of the predistress hearing is to protect the tenant's use and possession of property from
arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall,
after conducting the hearing, find that the landlord's right to distress is valid and the tenant has no overriding
right to continue in possession of the property subject to distress, then the magistrate may issue his distress
warrant naming the amount of rent due, with costs, and such warrant shall be delivered to an officer as set
forth in Section 27-39-210.

SECTION 27-39-240. Enforcement of distress warrant.
The officer to whom a distress warrant is delivered, after the predistress hearing, shall forthwith
demand of the tenant payment of the rent with costs as enumerated in the distress warrant. If such amount is
paid the officer shall return the warrant with the amount collected to the magistrate who shall settle with the
landlord. If the tenant fails or refuses to pay such rent with costs the officer shall distrain sufficient of the
property upon the rented premises to pay such amount, giving the tenant a list in writing of the property
distrained together with a copy of the distress warrant.

SECTION 27-39-270. Property removed from premises remains subject to distress.
Any property belonging to the tenant removed from the premises shall, if found, be subject to
distraint and sale, provided such distraint be made within thirty days after such removal.

SECTION 27-39-280. Distraint after expiration of lease of tenant for life of another.
When tenants pur autre vie hold over the tenements to them demised after the determination of such
leases, any person having any rent in arrears or due upon any such lease may distrain for such arrears after
the determination of the lease, in the same manner as he might have done if such lease had not been ended or
determined; provided, that such distress be made within the space of six calendar months after the
determination of such lease during the continuance of such landlord's title or interest and during the
possession of the tenant from whom such arrears became due.

SECTION 27-39-310. Tenant may free property from distraint by giving bond.
Within five days after such distraint the tenant may free the property from the lien of the distraint by
giving a bond payable to the landlord in double the amount claimed, with sufficient surety or sureties
approved by the court, and the issues thus joined shall be tried by the court. The landlord shall have the right
to except to the surety or sureties and the surety or sureties shall justify before the magistrate as provided for
justification for sureties in claim and delivery actions.

SECTION 27-39-320. Sale of distrained property.
If the tenant fails to give bond as above prescribed then the officer may sell such property at public
auction to the highest bidder for cash at a designated place of sale after posting a notice of such sale for five
days upon the premises and two other public places in the county stating the time and place of such sale.





SECTION 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant's
personal property.
(A) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental
agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting
health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a
written notice to the tenant specifying the acts and omissions constituting the breach and that the rental
agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is
not remedied in fourteen days. The rental agreement terminates as provided in the notice except that:
(1) if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach
before the date specified in the notice, or
(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.
(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or
the tenant is in violation of Section 27-40-540, 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. The landlord's obligation to provide notice under this
section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice
is contained in conspicuous language in a written rental agreement.
(C) Except as provided in this chapter, the landlord may recover actual damages and obtain
injunctive relief, judgments, or evictions in magistrate's or circuit court without posting bond for any
noncompliance by the tenant with the rental agreement or Section 27-40-510. A real estate broker-in-charge
licensed in this State or a licensed property manager, in the conduct of his licensed business may, either in
person or through one or more regular employees, complete a form writ of eviction and present facts to
judicial officers on behalf of his landlord/principal in support of an action for eviction and/or distress and/or
abandonment for which no separate charge is made for this service. If the tenant's noncompliance is wilful
other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is
represented by an attorney. If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to
reasonable attorney's fees, provided the landlord is represented by an attorney.
(D) Personal property belonging to a tenant removed from a premises as a result of an eviction
proceeding under this chapter which is placed on a public street or highway may be removed by the
appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays,
and holidays, and may also be removed by these officials in the normal course of debris or trash collection
before or after a period of forty-eight hours. The notice of eviction must clearly inform the tenant of the
provisions of this section. The municipality or county and the appropriate officials or employees thereof have
no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this
section.

SECTION 27-40-730. Remedies for absence, nonuse, and abandonment.
(a) The unexplained absence of a tenant from a dwelling unit for a period of fifteen days after
default in the payment of rent must be construed as abandonment of the dwelling unit.
(b) If the tenant has voluntarily terminated the utilities and there is an unexplained absence of a
tenant after default in payment of rent, abandonment is considered immediate and the fifteen day rule as
described in (a) does not apply.
(c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a
fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental
agreement, it terminates as of the date of the new tenancy, subject to the landlord's remedies under Section
27-40-740. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the
landlord accepts the abandonment as a surrender, the rental agreement is considered to be terminated by the
landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or
week to week, the term of the rental agreement for this purpose is considered to be a month or a week, as the
case may be.
(d) When a dwelling unit has been abandoned or the rental agreement has come to an end and the
tenant has removed a substantial portion of his property or voluntarily and permanently terminated his
utilities and has left personal property in the dwelling unit or on the premises with a fair-market value of five
hundred dollars or less, the landlord may enter the dwelling unit, using forcible entry if required, and dispose
of the property.
(e) When a dwelling unit has been abandoned or the rental agreement has come to an end and the
tenant has left personal property in the dwelling unit or on the premises in the cases not covered by
subsection (d) above, the landlord may have the property removed only pursuant to the provisions of
Sections 27-37-10 to 27-37-150 of the 1976 Code.
(f) Where property is disposed of by the landlord pursuant to subsection (d) and the property was in
excess of five hundred dollars, the landlord is not liable unless the landlord was grossly negligent.

SECTION 27-40-735. Removal from street of property of evicted tenant; no municipal or county liability
for failure of eviction notice to inform tenant thereof.
Personal property belonging to a tenant removed from a premises as a result of an eviction
proceeding under this chapter which is placed on a public street or highway may be removed by the
appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays,
and holidays, and may also be removed by these officials in the normal course of debris or trash collection
before or after a period of forty-eight hours. The notice of eviction must clearly inform the tenant of the
provisions of this section. The municipality or county and the appropriate officials or employees thereof have
no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this
section.

SECTION 27-40-740. Landlord's lien; distress proceeding.
(a) A contractual lien or contractual security interest on behalf of the landlord in the tenant's
household goods is not enforceable unless perfected before the effective date of this chapter.
(b) A landlord may enforce collection of rent by distress only pursuant to Chapter 39, Title 27;
however, the tenant may raise defenses to the issuance of a distress warrant pursuant to the provisions of this
chapter or the rental agreement and may take advantage of the property exemptions found in Section 15-41-200.

SECTION 27-40-750. Remedy after termination.
If the rental agreement is terminated, the landlord has a right to possession and for rent and a
separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees.

SECTION 27-40-770. Periodic tenancy; holdover remedies.
(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.
(c) If the tenant remains in possession without the landlord's consent after expiration of the term of
the rental agreement or its termination, the landlord may bring an action for possession. If the holdover is not
in good faith, the landlord may recover reasonable attorney's fees. If the tenant's holdover is a wilful violation
of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more
than three months periodic rent or twice the actual damages sustained by him, whichever is greater and
reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section 27-40-310(d) applies.

SECTION 27-40-790. Payment of rent into court.
In any action where the landlord sues for possession and the tenant raises defenses or counterclaims
pursuant to this chapter or the rental agreement:
(a) The tenant is required to pay the landlord all rent which becomes due after the issuance of a
written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to
provide the tenant with a written receipt for each payment except when the tenant pays by check. If the
landlord and tenant disagree as to the amount of rent or the time of payments thereof, the court shall hold a
hearing as soon as feasible after the issues have been joined, and preliminarily determine the matter. In the
event that the basis for the disagreement of the amount of rent due is the landlord's alleged violation of the
rental agreement or the provisions of this chapter, the rent to be paid must be the fair-market rental value of
the premises at the time of the hearing. Rent must not be abated for a condition caused by the deliberate or
negligent act or omission of the tenant, a member of his family, or other person on the premises with his
permission or who is allowed access to the premises by the tenant.
(b) The tenant is required to pay the landlord all rent allegedly owed prior to the issuance of the rule,
provided, however, that in lieu of the payment the tenant may be allowed to submit to the court a receipt and
cancelled check, or both, indicating that payment has been made to the landlord.
In the event that the amount of rent is in controversy, the court shall determine the amount of rent to
be paid to the landlord in the same manner as in subsection (a) or (b) of this section.
(c) Should the tenant not appear and show cause within ten days, the court shall issue a warrant of
ejectment pursuant to Section 27-37-40 of the 1976 Code.
Should the tenant appear in response to the rule and allege that rent due under subsections (a) or (b)
has been paid, the court shall determine the issue. If the tenant has failed to comply with subsections (a) or
(b), the court shall issue a warrant of ejectment and the landlord must be placed in full possession of the
premises by the sheriff, deputy, or constable.
(d) If the amount of rent due is determined at final adjudication to be less than alleged by the
landlord, decision must be entered for the tenant if he has complied fully with the provisions of this section.

SECTION 27-40-800. Undertaking on appeal and order staying execution.
(a) Upon appeal to the circuit court, the case must be heard, in a manner consistent with other
appeals from magistrates' court, as soon as is feasible after the appeal is docketed.
(b) It is sufficient to stay execution of a judgment for ejectment that the tenant sign an undertaking
that he will pay to the landlord the amount of rent, determined by the magistrate in accordance with Section 
27-40-780, as it becomes due periodically after the judgment was entered. Any magistrate, clerk, or circuit
court judge shall order a stay of execution upon the undertaking.
(c) The undertaking by the tenant and the order staying execution may be substantially in the
following form: 
State of South Carolina
County of __________
____________________ Landlord
vs.
____________________ Tenant 
Bond to Stay

Execution on Appeal

to Circuit Court

Now comes the tenant in the above entitled action and respectfully shows the court that a judgment
of ejectment was issued against the tenant and for the landlord on the ___ day of __________, 19_, by the
magistrate. Tenant has appealed the judgment to the circuit court.
Pursuant to the findings of the magistrate, the tenant is obligated to pay rent in the amount of
$_____ per _____, due on the ___ day of each __________.
Tenant hereby undertakes to pay the periodic rent hereinafter due according to the aforesaid findings
of the court and moves the circuit court to stay execution on the judgment for ejectment until this matter is
heard on appeal and decided by the circuit court.
This the __________ day of __________, 19___
___
Tenant
Upon execution of the above bond, execution on the judgment of ejectment is hereby stayed until the
action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within
five days of the due date, upon application of the landlord, the stay of execution shall dissolve, the appeal by
the tenant to the circuit court on issues dealing with possession must be dismissed and the sheriff may
dispossess the tenant.
This the __________ day of __________, 19___
___
Judge
(d) If either party disputes the amount of the payment or the due date in the undertaking, the
aggrieved party may move for modification of the terms of the undertaking before the circuit court. Upon the
motion and upon notice to all interested parties, the court shall hold a hearing as soon as is feasible after the
filing of the motion and determine what modifications, if any, are appropriate. No judgment for ejectment
may be executed pending a hearing on the motion, provided the tenant complied with the terms of the
undertaking.
(e) If the tenant fails to make a payment within five days of the due date according to the
undertaking and order staying execution, the clerk, upon application of the landlord, shall issue a warrant of
ejectment to be executed pursuant to Section 27-37-40 of the 1976 Code.
(f)(1) Upon appeal to the Supreme Court, it is sufficient to stay execution of a judgment for
ejectment that the tenant sign an undertaking that he will pay to the landlord the amount of rent, determined
by order of the judge of the circuit court, as it becomes due periodically after judgment was entered. The
judge of the court having jurisdiction shall order stay of execution upon the undertaking.
(2) The tenant's failure to comply with the terms of the undertaking entitles the landlord to execution
of the judgment for possession in accordance with the provisions of subsection (e) of this section.