Facing Eviction in South Carolina: What Can I Do?
You got an eviction notice or your landlord filed a court case against you. This page explains South Carolina's notice rules, the magistrate court process, and what happens if you do not act in time.
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If you miss your rent due date, South Carolina law gives you 5 days to pay before your landlord can act. Your landlord must first send you written notice. The notice must say you did not pay and that your landlord may end your lease if you do not pay in time.
✓ Sources checked September 29, 2026
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South Carolina's 5-day notice for late rent can be included in your written lease instead of a separate letter. This satisfies the notice requirement if the lease warning is easy to notice. The warning must either repeat the notice word for word or use wording that means the same thing. If your lease has this warning, your landlord does not have to send a new notice each time your rent is late. The same rule covers a month-to-month lease that follows your original lease term.
✓ Sources checked September 29, 2026
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If you break another part of your lease, not paying rent, your landlord must send written notice naming the problem. You then have at least 14 days from when you get the notice to fix the problem before your lease can end. If you fix the problem by that date, your lease does not end. Your lease also does not end if you start fixing the problem within 14 days and finish it honestly within a reasonable time.
✓ Sources checked September 29, 2026
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Your landlord starts a court case by asking the magistrate court, South Carolina's court for eviction cases, to issue an order. This order is called a Rule to Vacate or Show Cause. It tells you to move out or come to court and explain why you should not be evicted. You have 10 days from when you are given a copy of this order to go to the magistrate court and show your reason.
✓ Sources checked September 29, 2026
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Once the court case starts, you must keep paying rent to your landlord as it comes due while the case is open. Your landlord must give you a written receipt for each payment, unless you pay by check. If you and your landlord disagree about how much rent you owe, the court will hold a hearing to decide the amount.
✓ Sources checked September 29, 2026
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You must pay your landlord any rent you already owed before your court case started. Instead of paying again, you can show the court a receipt or a cancelled check proving you already paid that rent.
✓ Sources checked September 29, 2026
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If you do not go to court within 10 days after you get the order, the court will let your landlord remove you. The same happens if you do not pay the rent the court requires. The sheriff or another court officer then puts your landlord back in full possession of the home.
✓ Sources checked September 29, 2026
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If you go to court and contest the eviction, the court hears your case like other civil (non-criminal) cases. Either you or your landlord can ask for a jury instead of the judge deciding alone. A jury is a group of local people who decide the facts.
✓ Sources checked September 29, 2026
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If the judge or jury decides for your landlord, the judge must issue an order for your removal within 5 days of that decision. The sheriff or another court officer then removes you from the home.
✓ Sources checked September 29, 2026
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If the judge or jury decides for you, you get to stay in the home. You stay until your lease ends by agreement or by law, or until you fail to pay rent. You can also be removed later through another eviction case or a different court order.
✓ Sources checked September 29, 2026
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If you appeal a court order for your eviction, you can ask to stay in the home while the appeal is pending. To do this, you sign a written promise to keep paying rent to your landlord as it comes due. The judge who heard your case, a court clerk, or an appeals court judge must approve this promise before you can stay.
✓ Sources checked September 29, 2026
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If you fall more than 5 days behind on a rent payment you promised while appealing, the court clerk can issue a removal order. Your landlord must ask for this order first. Keep paying on time so you do not lose your right to stay during the appeal.
✓ Sources checked September 29, 2026
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Your landlord usually cannot raise your rent above fair market value (what similar homes rent for nearby) because you complained. Your landlord also cannot cut your utilities (water, electric, gas) or other basic services for that reason. Your landlord also cannot file an eviction case against you for that reason. This protection applies if you complained to a government agency about a building or housing code problem that seriously affects health and safety. It also applies if you complained to your landlord about a violation of South Carolina's landlord-tenant law. This protection does not always apply.
✓ Sources checked September 29, 2026
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There are three situations where your landlord can still file to evict you after your housing complaint. First, your landlord can still file to evict you if you, your family, or your guests mainly caused the code problem through carelessness. Second, your landlord can still file to evict you if you seriously broke your lease or your duties as a tenant. Third, your landlord can still file if fixing the problem needs major changes that would stop you from using the home.
✓ Sources checked September 29, 2026
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South Carolina protects you from landlord retaliation (your landlord punishing you) for complaining about your home. You can use this retaliation protection as a defense in your eviction case. Your landlord will serve you with a court order called a Rule to Vacate or Show Cause. It tells you to move out or explain to the court why not. You must tell your landlord in writing within 10 days after you get that order that you plan to use this defense. After you file your written answer with the court, the court will schedule your hearing as soon as it can.
✓ Sources checked September 29, 2026
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