South Carolina Eviction Process: The 5-Day Rule, the 10-Day Rule to Vacate, and the 24-Hour Writ

In South Carolina, evictions are called ejectment and are heard in magistrate court. The process is fast. Rent counts as late after 5 days, the tenant gets 10 days to ask for a hearing, and a writ gives 24 hours to leave [1][2]. A landlord still can’t skip the court: only a judge’s writ, carried out by an officer, can remove a tenant [1][2].

The notice comes first

Which notice applies depends on the problem [1]:

• Unpaid rent: if rent isn’t paid within 5 days of the due date, the landlord can end the lease after giving written notice of the nonpayment. The notice requirement is met for the rest of the tenancy once the landlord gives it one time, or if the lease contains it in conspicuous language [1].
• Other lease violations, or health and safety problems: a written notice describing the breach. The lease ends no sooner than 14 days after the tenant gets it, unless the tenant fixes the problem in that time, or starts a fix that takes longer and keeps at it in good faith [1].

The court case

The landlord applies to the magistrate, who issues a Rule to Vacate or Show Cause [2]. It’s served like a summons. If the officer can’t find anyone after two tries at least 48 hours apart, the rule can be posted on the door and mailed. Mailed service counts as complete 10 days after mailing [2].

The tenant then has 10 days to leave or to show cause, which means contacting the court and asking for a hearing [2]. If the tenant doesn’t respond in time, the magistrate issues a warrant of ejectment with no hearing [2].

At the hearing, the magistrate decides the case like any civil case, and either side can ask for a jury [2]. If the landlord wins, the magistrate issues the writ of ejectment within 5 days [2].

The state fee schedule sets the magistrate’s fee for landlord-tenant proceedings at $20. It rises to $40 on January 1, 2027 [3]. Service and other costs are extra.

Paying rent while the case is open

If a tenant raises a defense or counterclaim, the tenant has to keep paying rent that comes due after the rule is issued. The tenant also has to pay the rent the landlord says was owed before the rule, or show a receipt or cancelled check proving it was paid [1]. If the tenant doesn’t, the court issues the warrant of ejectment [1]. When the two sides disagree on the amount, the court holds a quick hearing and sets it [1].

The writ of ejectment

When the writ is served, the officer gives everyone inside 24 hours to leave on their own [2]. After that, a deputy sheriff can enter, using the least force needed. If the home seems occupied but no one answers, the writ is posted on the door, and a deputy can enter 24 hours after posting [2]. The officer can delay removal for a tenant who is ill or elderly [2].

Appeals

Magistrate court judgments can be appealed to circuit court. The notice of appeal is due within 30 days after written notice of the judgment [4]. If the judge announced the decision with you in the courtroom, the 30 days start that day [5].

An appeal doesn’t stop an ejectment by itself [1]. To get a stay, the tenant files an affidavit, titled “Bond to Stay Execution on Appeal,” promising to pay the rent the magistrate set as it comes due [1]. If a payment is more than 5 days late, the landlord can ask the court to end the stay. The tenant’s appeal on possession is then dismissed and the sheriff can remove the tenant [1].

Other tenant protections

Retaliation is banned. A landlord can’t raise rent above fair market value, cut essential services, or file for possession because the tenant complained to a housing code agency or to the landlord about a violation of the law [1]. There are exceptions, such as when the tenant caused the code violation or broke the lease [1]. A tenant who wants to raise retaliation has to tell the landlord in writing within 10 days after the rule is served [1]. A tenant who proves retaliation can recover three months’ rent or three times their actual damages, whichever is more, plus attorney fees [1].

Repairs. If the landlord materially fails to keep the home fit, the tenant can give written notice that the lease will end no sooner than 14 days later if the problem isn’t fixed [1]. The tenant can also raise the landlord’s failure as a defense or counterclaim in an eviction for unpaid rent [1].

Belongings left behind. If a tenant behind on rent is gone for 15 days without explanation, the home is presumed abandoned [1]. Property worth $500 or less left in an abandoned unit can be disposed of; more valuable property can only be removed through the ejectment process [1].

Where to get help

• Magistrate’s office in your county: forms, hearing dates and fees.
• South Carolina Legal Services: the Legal Aid Telephone Intake Service is 1-888-346-5592. Eligibility depends on income and assets [5].
• South Carolina Bar Lawyer Referral Service: 1-800-868-2284, with a 30-minute consultation for no more than $50 [5].