SC's eviction process runs through magistrate court. Fast when done right, costly when done wrong.
South Carolina evictions are governed by the South Carolina Residential Landlord and Tenant Act for most residential tenancies. The process runs through the state's magistrate court system, with cases filed in the county where the rental property is located. South Carolina is generally considered a landlord-friendly state — the eviction process is relatively streamlined and the courts move cases through efficiently when the paperwork is correct.
The typical timeline from notice to writ of ejectment in an uncontested South Carolina eviction is three to five weeks. Contested cases, appeals, or procedural errors add time. Getting the notice right and filing promptly are the two factors most within your control.
For non-payment of rent, South Carolina requires a 5-day written notice to pay or vacate. The notice must state the exact amount of rent owed and give the tenant five days to pay in full or leave the premises. Five days is one of the shorter notice periods in the country — South Carolina landlords can move to court faster than landlords in most other states once rent goes unpaid.
Do not accept partial payment during the notice period. Accepting anything less than the full amount owed is commonly interpreted as waiving the current notice, which means you'd need to start over. If the tenant offers partial payment, decline it in writing and document that you did so.
For lease violations other than non-payment, South Carolina requires written notice specifying the violation and giving the tenant a reasonable time to cure — generally 14 days for curable violations. For repeat violations or violations that cannot be cured, you may proceed on a shorter timeline depending on the specific circumstances and your lease language. Holdover tenants in month-to-month tenancies require 30 days' written notice to terminate.
Once the notice period expires without compliance, file an ejectment action at the magistrate court in the county where the property is located. Filing fees in South Carolina are low — typically $80 to $120 depending on whether you're seeking a money judgment in addition to possession. The magistrate court will schedule a hearing, usually within 10 to 20 days of filing.
Service of process is handled by the county sheriff. The sheriff will serve the summons on the tenant at the property address. If service is unsuccessful, you may need to request alternative service. Budget one to two weeks for service to be completed after filing.
South Carolina magistrate hearings in eviction cases are brief and evidence-focused. Bring your lease, the notice you served, documentation of delivery, and your rent ledger. The magistrate will hear both sides and typically issue a ruling the same day. If you receive a judgment for possession, the tenant has five days to appeal to circuit court before the ejectment order can be executed.
A tenant who appeals must post a bond to stay execution. The appeal moves the case to circuit court, which has a slower docket. Appeals are a common delay tactic — factor this possibility into your timeline if the tenant shows up to the magistrate hearing with a defense prepared.
York County sits directly across the state line from Charlotte, North Carolina, making it part of the greater Charlotte metropolitan area. The county includes Rock Hill — the largest city — as well as Fort Mill, Clover, and Lake Wylie. York County has seen significant population growth driven by Charlotte overflow, with a rental market that reflects the economic activity of the broader metro region.
Eviction filings in York County are handled through the York County Magistrate Court system, with offices in Rock Hill and other locations throughout the county. York County follows standard South Carolina ejectment procedure. For detailed landlord-tenant law specific to York County — including local court contacts, filing locations, notice requirements, and county-level resources — see York County landlord-tenant law.
South Carolina's 5-day notice for non-payment is one of the fastest in the country, but only if you serve it correctly and file immediately after it expires. Delays on your end cost you rent you won't recover. See the full South Carolina landlord-tenant law guide for notice requirements, security deposit rules, and eviction procedures across all 46 SC counties.
If no appeal is filed within five days of the magistrate's ruling, you can request an ejectment order. The sheriff executes the order by physically removing the tenant and their belongings if they have not already vacated. Be present when the sheriff arrives. Have a locksmith ready to change locks immediately after the tenant is removed.
South Carolina law requires you to handle abandoned tenant property carefully. Do not dispose of belongings immediately — provide reasonable notice and opportunity for the tenant to retrieve their property before disposing of anything. Document the unit's condition with photographs immediately after the ejectment is executed.