The new South Carolina eviction rule is set to change the way landlords handle eviction in South Carolina. Under this new guideline, tenants will now have 10 days to respond to an eviction notice before a landlord can move forward with court proceedings. This adjustment, part of the South Carolina Residential Landlord and Tenant Act, brings both benefits and challenges for landlords in Charleston and beyond.
Whether you own one rental unit or manage multiple rental properties, understanding this new timeline is crucial. The change affects every step of the South Carolina eviction process, from issuing the written notice to handling a default judgment or writ of ejectment.
Key Takeaways
Tenants now have 10 days to respond to eviction filings before the court can issue a ruling.
This rule applies to all residential rental agreements under South Carolina law.
Landlords must adjust their timelines for filing an eviction lawsuit and serving court documents.
Failure to follow the proper eviction process in South Carolina can lead to case delays or dismissal.
Working with property managers like Oak Trust Properties can help ensure compliance with all property management laws and regulations in South Carolina.
Understanding the 10-Day Response Period
Under the updated South Carolina eviction laws, tenants have 10 calendar days to respond after receiving a court summons and complaint from the magistrate court. Previously, if a tenant in South Carolina failed to respond promptly, the landlord could quickly obtain a default judgment.
Now, this extended notice period means both the landlord and tenant have more time to communicate, potentially resolve disputes, or prepare for a court hearing. The new rule ensures tenants receive a fair opportunity to contest the eviction or pay rent owed before the case advances.
How the New Rule Impacts the South Carolina Eviction Process
The entire eviction process in South Carolina begins when a tenant fails to pay rent, violates lease terms, or engages in illegal activity on the premises. Landlords must issue a proper written notice according to South Carolina state law, often a five-day notice to pay rent or vacate.
If the tenant fails to comply, the landlord files an eviction lawsuit in magistrate’s court. After filing, the tenant is served a court summons and complaint. Under the new rule, the tenant now has 10 days to respond in writing to the court.
If the tenant remains silent after those 10 days, the court may issue a default judgment, allowing the landlord to obtain a writ of ejectment. A law enforcement officer or deputy sheriff can then legally remove the tenant and their personal property from the rental premises.
Eviction Laws and Lease Violations in South Carolina
The South Carolina Residential Landlord and Tenant Act outlines how landlords can legally evict tenants. A few common reasons include:
Nonpayment of rent: When a tenant fails to pay rent within the notice period, eviction can proceed.
Lease violations: Such as unauthorized pets, rental unit smoking, or illegal activity.
Lease term expiration: When the lease agreement ends and the tenant remains without renewal.
To evict a tenant, landlords must follow the formal eviction process, including giving official notice, filing an eviction action, and obtaining a court order. Any self-help eviction (like changing locks or shutting off utilities) violates South Carolina state laws.
Court Hearings and Legal Procedures
Once the tenant files a response within 10 days, the court will schedule an eviction hearing. Both parties, the South Carolina landlord and the tenant, can present their evidence and testimony.
In some cases, either side may request a jury trial or seek legal advice from an attorney. If the landlord wins, the magistrate court issues a rule to vacate. The tenant notice typically gives 24 hours to move out before local law enforcement enforces the rule to show cause.
Should the tenant contest the ruling or appeal to circuit court, the eviction proceedings may take longer. However, if the tenant fails to respond, the landlord can obtain a default judgment and move forward with removing the tenant legally.
Handling Rent Payments and Lease Violations Properly
Evictions often begin with issues surrounding rent payments or lease violations. To stay compliant, landlords should:
Keep detailed written notices and records of all rent payments.
Ensure all lease or rental agreements clearly outline terms regarding paying rent, lease term, and lease breaches.
Provide tenants with proper written notice before filing an eviction case.
Document all unauthorized pets, illegal activity, or other lease violations.
These steps help landlords protect their rights during an eviction lawsuit and support their claims during a court hearing.
Role of Property Managers in the Eviction Process
For many South Carolina landlords, handling the eviction process alone can be overwhelming. That’s where experienced property managers like Oak Trust Properties step in.
Professional managers understand South Carolina eviction laws and ensure every eviction filing, notice, and court summons complies with state law. They also coordinate with attorneys, handle tenant communication, and manage rental property turnover after eviction.
With expert support, landlords can legally evict tenants while minimizing stress, delays, and legal risk.
Handling Abandoned Property After Eviction
Once a tenant vacates or is removed, landlords often face the challenge of handling abandoned property. Under South Carolina law, any personal property left behind must be treated according to specific legal procedures.
The landlord must store or dispose of the items after giving official notice. Working with a professional property management company ensures that abandoned property is handled ethically and in compliance with South Carolina state laws.
Common Challenges for Charleston Landlords
Even with clear rules, eviction in South Carolina can be complex. Common challenges include:
Tenants requesting jury trials to delay proceedings
Unclear documentation of lease violations
Failure to deliver proper written notice
Misunderstanding notice periods and court deadlines
By staying informed and working with Oak Trust Properties, landlords can avoid costly mistakes during the eviction process in South Carolina.
Frequently Asked Questions (FAQs)
1. Can a landlord evict a tenant without going to court in South Carolina?
No. South Carolina law requires all evictions to go through the magistrate’s court. A landlord must issue an eviction notice, file an eviction lawsuit, and obtain a court order before removing a tenant.
2. What happens if a tenant doesn’t respond within the 10-day period?
If the tenant fails to respond within 10 days, the court may issue a default judgment. The landlord can then obtain a writ of ejectment, allowing law enforcement to remove the tenant from the rental unit.
3. How can landlords avoid eviction-related disputes?
Landlords should maintain clear lease agreements, communicate through written notices, and document all interactions. Working with experienced property managers ensures every eviction action follows South Carolina state law.
Staying Compliant with South Carolina Eviction Laws
The new South Carolina eviction rule reflects the state’s effort to balance fairness between landlords and tenants. While the 10-day response period extends the timeline slightly, it also reduces the risk of procedural errors and court challenges.
For Charleston landlords, this change highlights the importance of following the legal process carefully, from issuing eviction notices to managing court hearings and lease terminations.
If you need professional guidance or hands-on management support, Oak Trust Properties is here to help. Our experienced team understands property management laws and regulations in South Carolina and will ensure your rental properties stay protected and compliant. Contact us today!
