South Carolina Application for Ejectment
Commence ejectment by filing this application with any magistrate having territorial jurisdiction over the area in which the premises is located.
Document Last Modified: 10/5/2018
Landlords in South Carolina can evict or "eject" tenants for specific reasons, and one step in the process is the South Carolina Application for Ejectment.
- Who: In South Carolina, landlords can begin the eviction process through the use of South Carolina Application for Ejectment for any of these reasons:
- The lease has come to its expiration date
- The tenant has failed to pay the rent
- The tenant has violated any of the material provisions in the lease
What: The notice Application for Ejectment is issued only after the tenant receives written notice that eviction/ejectment will occur.
Based on the reason for the eviction, the landlord will have to serve a 5-day, 14-day or 30-day notice of eviction. The 5-day eviction notices typically relate to a nonpayment of rent, and are issued once any grace period for late payments has passed. This gives the tenant five days to pay, vacate or face ejectment.
The 14-day notice relates to property damage or issues, and the tenant can comply or face ejectment in that period. The 30-day notices typically relate to leases designed along the "month to month" basis and are not formal evictions but the landlord's notice that the lease is not going to be renewed.
When: Once the five, 14 or 30 day notices are served, and the compliance period is over, the landlord can go to the Magistrate Court in their South Carolina county (where the rental is located) and submit the Application for Ejectment. This is filed with the court clerk, and they will then issue an Order to Show Cause.
A sheriff or constable will serve this, along with the South Carolina Application for Ejectment, to the tenant. They then have ten days to respond. They can request a court proceeding, but if they do not appear or respond formally, the Writ of Ejectment is issued within five days.
- South Carolina 5 Day Demand for Rent
- South Carolina 14 Day Notice to Cure
- Eviction Record Timeline
- South Carolina Lease
Tips and Tricks for Landlords: Just like all other states, South Carolina laws require a landlord to follow a specific process to evict a renter. Additionally, the state's laws expressly prohibit any landlord from the use of "self-eviction".
What that means is simple - you cannot take the process into your own hands. Doing things like removing a tenant's property, shutting off the utilities, changing the locks, or making threats to the tenant in order to get them to leave are entirely illegal. Instead, you can evict using the legally outlined process.
Obviously, this can be a complicated process and any South Carolina landlords dealing with such issues will want to use the appropriate documents. The Application for Ejectment is one of the most important. Be sure that you use an official and legally written form to keep the process flowing smoothly.
You can look at a South Carolina Application for Ejectment application here.
South Carolina Landlord Tenant Law and RegulationsView Article >
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