Understanding Evictions in South Carolina

Eviction is a serious and stressful process that renters should fully understand to protect their rights and future rental options. In South Carolina, landlords must follow the legal process outlined in the South Carolina Residential Landlord and Tenant Act. Here’s what you need to know about evictions, their ramifications, and how to access help.

Eviction Process in South Carolina

1. Reason for Eviction
  • Evictions may occur for non-payment of rent, lease violations, or if the lease term has ended and the tenant has not vacated.
  • Landlords cannot evict tenants as retaliation or discrimination, which are illegal.

2. Notice Requirements
  • Non-payment of Rent: Landlords must give tenants a 5-day written notice to pay rent or vacate.
  • Other Violations: Tenants may receive a 14-day notice to correct lease violations or face eviction.
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3. Filing for Eviction
  • If the tenant does not comply with the notice, the landlord can file an eviction lawsuit (Unlawful Detainer) in court.
4. Court Hearing
  • Tenants will receive a court summons and should attend the hearing to present their case.
  • Failure to attend may result in a default judgment against the tenant.

5. Writ of Ejectment
  • If the landlord wins the case, the court issues a writ of ejectment, allowing law enforcement to remove the tenant if they do not leave voluntarily.

Ramifications of an Eviction

  • Impact on Future Rentals
    • Evictions appear on your rental history and can make it more difficult to rent in the future.
    • Many landlords check credit reports and rental histories before approving applications.
  • Financial Consequences
    • Evictions often come with additional costs, including court fees and the remaining lease balance.
    • Unpaid rent or damages may be sent to collections, affecting your credit score.
  • Emotional and Social Impact
    • Eviction can cause significant stress and disrupt family stability, education, and employment.

Preventing and Addressing Eviction

  • Communicate with Your Landlord
    • If you’re struggling to pay rent or facing other issues, reach out to your landlord early. They may be willing to work out a payment plan or other solutions.
  • Request Assistance
    • Several organizations provide financial and legal help to prevent eviction.
    • Talk to your SSVF or HUD/VASH Case Manager for assistance 
  • Seek Mediation Services
    • Mediation can help resolve disputes between tenants and landlords without going to court.
  • Understand Your Rights
    • Landlords must follow legal procedures, and tenants cannot be forcibly removed without a court order.

Resources for Renters Facing Eviction