South Carolina Eviction Pamphlet

This eviction pamphlet outlines a landlord's eviction obligations from a tenant's perspective.

Document Last Modified: 10/5/2018

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Landlords and tenants in South Carolina should know about the eviction process, what it involves and why or when it can occur. This comprehensive South Carolina Eviction Pamphlet describes the eviction process, tenant rights and what landlords and tenants can and should do at such times.

Who: Are you someone who is renting a home or property and just received a notice of eviction from your landlord? If so, you will want to make sure that they are acting within the laws of the state of South Carolina, and you will need to know what steps you can take to remain in the property or leave without heavy financial penalties or problems.

If you are a resident in government-assisted housing, the details here may not apply to you, and you may have even more rights than what we will cover below.

Are you a landlord? This pamphlet is designed from the tenant's' perspective to help you understand what rights your tenants have and what steps you must take if you find they need to be evicted.

What: This pamphlet provides you with common tenant questions and the legal answers to their concerns.

When: This pamphlet is ideal for new renters or those who have received any notices regarding non-payment, non-compliance or eviction.

The first step any renters can take is to download this helpful South Carolina Eviction pamphlet here, and review the details closely. It is surprising how complicated evictions can be, and even landlords can make mistakes or violate laws.

Tips and Tricks for Landlords: Many landlords get angry when they have good reason to evict a renter or "tenant". There are several legal reasons for eviction, including non-payment of the rent, breaking the rental agreement by failing to keep the property free of damage, preventing the landlord from making repairs, or using the property in ways that your lease forbade, or if the lease reaches its termination date.

A written lease outlines many details, and might even have described how the landlord can legally evict a tenant. What a lease does not allow the landlord to do is to lock a tenant out of the property, shut off the utilities, take belongings out of the building, or deny access in any way.

Leases typically explain the reasons that a landlord can evict a tenant. Most landlords use very reasonable leases, but sometimes the leases can make it easier to evict a renter.

In South Carolina a landlord must begin the ejectment or eviction process with a five, 14, or 30-day notice of eviction. The five-day notices are often used for non-payment of rent and give five days to pay or face eviction. If a tenant has previously received one already during a lease, the landlord does NOT have to send another written notice before they begin eviction. Also, a lease may explain that five-day rule, and this frees the landlord to begin eviction as soon as those five days have passed.

In addition to a five-day notice, the landlord may have cause to give a 14 day warning or 30 day warning. Only once these notices are received can they start the eviction process. This is done when they file with the court and have applied for the Rule to Show Cause. This is the true "first step" in eviction, and more details are found in the South Carolina Eviction Pamphlet.

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