When you're a landlord in Charleston, SC, one of the most stressful situations you can face is a tenant who refuses to leave your rental property after the lease ends—or worse, after they've stopped paying rent.
Whether you're dealing with unpaid rent, lease violations, or an expired lease term, knowing what to do when a tenant refuses to leave your Charleston rental property is essential.
As a Charleston landlord, understanding South Carolina eviction laws, the eviction process, and your rights and responsibilities is critical to navigating this challenging situation smoothly and legally.
Understanding the South Carolina Eviction Process
The eviction process in South Carolina is governed by state law and involves several legal steps. A landlord cannot simply remove a tenant from the rental unit—you must follow the appropriate legal process through the magistrate court or circuit court, depending on the circumstances.
Here’s a basic outline of the entire eviction process in South Carolina:
Issue Proper Notice: A written notice must be delivered to the tenant, stating the reason for the eviction and providing a notice period (usually five days) to correct the issue or vacate the rental premises.
Filing an Eviction Lawsuit: If the tenant fails to vacate or resolve the issue, the landlord files an eviction lawsuit with the magistrate’s or circuit court.
Court Hearing: The court will schedule an eviction hearing or jury trial, giving both parties a chance to present their side.
Writ of Ejectment: If the court rules in favor of the South Carolina landlord, it will issue a writ of ejectment, which authorizes a law enforcement officer, typically a deputy sheriff, to remove the tenant.
Tenant Removal: Only the sheriff can legally remove a tenant from the property after a writ is issued.
Landlord-Tenant Disputes: When a Tenant Violates the Lease
Common reasons for landlord-tenant disputes in Charleston include:
Non-payment of rent
Violation of the lease agreement
Property damage
Engaging in illegal activities on the dwelling unit
Staying beyond the lease term without renewal
If your tenant fails to pay rent or otherwise violates the lease, South Carolina law allows you to initiate eviction proceedings after serving a written notice (typically a 5-Day Notice to Pay or Quit for unpaid rent, or a 14-Day Notice for lease violations).
Eviction Notices: Providing Proper Notice to Tenants
Before you can file an eviction lawsuit, you must give the tenant proper eviction notices under South Carolina state law. Here are common types of notices:
5-Day Notice to Pay Rent or Vacate: Used when a tenant misses rent payments.
14-Day Notice to Cure or Quit: Issued when a tenant violates terms of the rental agreement.
30-Day Notice of Lease Termination: If the lease agreement is month-to-month.
Not delivering the proper notice may result in the eviction filing being dismissed, delaying the eviction process in Charleston.
What Are Your Rights When a Tenant Will Not Move Out?
As a Charleston landlord, you have the legal right to manage your properties effectively. Additionally, if you are looking for Charleston homes for rent, explore various listings to find the perfect tenants.
Enforce the terms of your written rental agreement
File for eviction if the tenant fails to follow the lease agreement
Collect reasonable attorney's fees and court costs if stated in the lease and awarded by the court
Retain part or all of the tenant's security deposit for actual damages beyond normal wear and tear
Recover actual damages, or in some cases twice the actual damages, if the tenant willfully damages the property
South Carolina law does not allow landlords to change locks, shut off utilities, or remove a tenant's personal property without going through the legal eviction process.
Eviction Hearing: What to Expect in Court
If you’ve filed the eviction papers correctly, the court will issue a Rule to Show Cause—a summons requiring the tenant to appear at a court hearing and explain why they shouldn’t be evicted. If the tenant fails to appear, you may receive a default judgment. If they attend, the judge will hear both sides before making a decision.
Either the landlord or the tenant can request a jury trial, though most cases are handled by a magistrate court judge. If the judge rules in your favor, the court will issue a writ of ejectment.
When a Landlord Fails to Follow the Legal Process
If the landlord fails to follow proper eviction procedures, the tenant could:
File a counterclaim for damages
Delay the eviction proceedings
Potentially stay in the rental unit even longer
This is why it's important to seek legal advice if you’re unsure about how to proceed or if you're unfamiliar with South Carolina eviction laws.
Special Considerations: Elderly Tenants and Building Codes
In cases involving elderly tenants or tenants with disabilities, additional care must be taken to ensure compliance with South Carolina code and building and housing codes. These cases can be more complex and may require additional documentation or court consideration.
You’re also required to maintain necessary or agreed-upon services, such as heat, water, and regularly scheduled periodic services, throughout the legal process.
Tips for Dealing with Difficult Tenants in Your Charleston Rental
To avoid future landlord-tenant disputes, Charleston landlords can take proactive steps:
Use a solid, detailed written rental agreement
Keep records of all rent payments and communications
Act promptly when the tenant violates the lease
Clearly outline responsibilities for maintenance and security deposit return
Maintain compliance with all South Carolina landlord requirements
Navigating the Eviction Process in Charleston
At Oak Trust Properties, we understand how difficult it can be to deal with a tenant who refuses to vacate your Charleston rental home. Our experienced team is well-versed in South Carolina eviction laws and the eviction process in Charleston, and we’re here to help protect your investment while ensuring full legal compliance.
If you’re unsure what to do when a tenant refuses to leave your Charleston rental property, don’t take matters into your own hands. Trust the professionals at Oak Trust Properties to guide you through the entire eviction process, from eviction notices to court representation.
For expert help managing your rental premises and navigating complex situations, contact us today to learn more about our property management services in Charleston, SC.
