The Eviction Process Under South Carolina Law
Are you a landlord whose tenant has violated the terms of your lease? Are you considering eviction? If so, a lawyer can offer the guidance you need to protect your rights and expedite this complex and often emotionally fraught process. They can explain your rights, file and serve the paperwork on your behalf, and represent you in court if necessary.
The Eviction Process and Timeline in South Carolina
In South Carolina, landlords must follow specific steps to file for eviction against a tenant. First, they must provide the tenant with written notice. The reason for the eviction, which might include not paying rent or otherwise breaking lease terms, determines the notice period. In cases of unpaid rent, for example, landlords must give tenants a five-day notice to pay or leave.
After the notice period ends, if the tenant hasn’t fixed the issue or moved out, the landlord can go to the magistrate or municipal court to start the formal eviction process. After the landlord files all the necessary paperwork, the Rule to Vacate will be served on the Tenant. Depending on the type of service, the tenant will have either 10 or 20 days in which to request a hearing to show why they should not be evicted. Both the landlord and tenant receive notice of the hearing date.
The tenant has the right to attend the hearing and argue their case. If the judge decides in favor of the landlord, they will issue an eviction order. The tenant will have a specific time to leave the property, which is limited to five business days by statute unless the parties agree to a longer timeline. If they do not leave by this deadline, the landlord can pay a $10.00 fee for the Court to issue a Writ of Ejectment. After 24 hours have passed from the time the sheriff’s office posts the writ of ejectment on the dwelling, the landlord has the right to schedule a set-out with the sheriff’s department. The entire eviction process can take from thirty to ninety days, depending on the case’s complexity and the court’s schedule.
The South Carolina Eviction Appeals Process
In South Carolina, tenants and landlords both have the right to appeal a verdict, which starts by filing a notice of appeal, usually in the Circuit Court of the County where the magistrate Court is located.
The party filing the appeal must also provide a written statement explaining why they think the decision was wrong. This process allows the higher court to review the case and the reasons for the appeal. The appeals court, initially the Circuit Court in the County where the case is filed, will hold a hearing on the matter to make a ruling on the appeal. If the court upholds the eviction, the tenant must leave the property. If the court overturns the decision, the eviction filing at issue is ended.
Posting Bond for Eviction Appeals in South Carolina
South Carolina state law requires any tenant appealing a decision to post bond. This bond is a sum of money paid to the court. It covers the rent that would otherwise be due during the appeal process along with any other utilities or other fees due under the terms of the lease. The idea is to ensure the landlord doesn’t lose rental income while waiting for the appeal’s outcome and ensure the appeal process is used as more than a mere delay tactic.
After the tenant files a notice of appeal, the magistrate court will schedule a bond hearing to determine the amount of the monthly bond payment due by the tenant during the appeal process. This bond is a sum of money paid to the court. It covers the rent that would otherwise be due during the appeal process along with any other utilities or other fees due under the terms of the lease. Sometimes, the court might adjust this amount based on the specific circumstances. Failure to post bond will result in the court dismissing the appeal and the writ of ejectment to become available.
Contact a South Carolina Eviction Lawyer Now
Do you need help evicting a tenant in South Carolina? Crawford & von Keller, LLC, is here to help. Contact us today for your initial consultation and get the guidance you need.
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