How many days late before I can start an eviction in South Carolina?

Rent unpaid five days after the due date allows you to terminate, if your written lease carries the statutory notice or you gave written notice of nonpayment (Section 27-40-710(B)).

How long does a tenant have to respond to a rule to show cause?

Ten days after service of the rule on the tenant (Section 27-37-20).

Who removes the tenant in South Carolina?

A constable, special constable or the sheriff executes the warrant or writ of ejectment. The landlord does not (Sections 27-37-40 and 27-37-100).

South Carolina Eviction Steps and Timeline

In South Carolina, rent that is not paid within five days of the due date lets you start an eviction if your lease carries the statutory notice. You ask a magistrate for a rule to show cause, the tenant has ten days after service to vacate or respond, and a constable or sheriff carries out the warrant or writ of ejectment. You may not lock the tenant out or cut off services.

What notice does South Carolina require?

For unpaid rent, Section 27-40-710(B) says the tenant must fail to pay within five days from the date due, and the landlord must have given written notice of nonpayment and of the intent to end the rental agreement. That notice is met once per lease term by giving one notice, or by conspicuous wording in the written lease. The statute prints a short paragraph, "If you do not pay your rent within five days of the due date, the landlord can start to have you evicted," and a lease with that provision, or a substantially equivalent one, means no separate notice is needed, even in a month-to-month tenancy that follows the lease. Section 27-37-10(B) repeats the rule for ejectment.

For another breach, Section 27-40-710(A) gives the tenant written notice that the agreement ends on a date not less than 14 days after receipt if the breach is not remedied in 14 days. If the tenant fixes it, or starts the fix within the 14 days and pursues it in good faith, the agreement does not end. A health and safety breach under Section 27-40-720 also uses a 14-day written notice unless it is an emergency. A month-to-month tenancy you simply want to end takes written notice at least 30 days before the end date (Section 27-40-770).

How does the magistrate case work?

Under Section 27-37-20 you apply to a magistrate, who issues a written rule requiring the tenant to vacate or show cause why they should not be ejected within ten days after service. Section 27-37-30 lets you serve it as a summons is served. If two service attempts at least 48 hours apart, at times at least eight hours apart, both fail, the rule may be posted with the attempt records and mailed through the court clerk, and service is complete ten days after mailing.

If the tenant does not appear and show cause within the ten days, the magistrate issues a warrant of ejectment, carried out by a constable or the sheriff (Section 27-37-40). If the tenant contests, the magistrate hears the case like any other civil case, and either side may demand a jury (Sections 27-37-60 and 27-37-80). If the verdict is for you, the magistrate issues a writ of ejectment within five days (Section 27-37-100).

What if the tenant appeals or pays late?

An appeal does not stop the ejectment unless the tenant gives an appeal bond when appealing, and the appeal is dismissed if the bond is not filed within five days after service of the notice of appeal (Section 27-37-130). Rent keeps accruing after the rule is issued, and accepting it does not waive your right to proceed with the ejectment (Section 27-37-150).

What if the tenant has left?

Section 27-40-730 treats an unexplained absence of 15 days after a rent default as abandonment. If the tenant has voluntarily shut off the utilities and is absent after a default, abandonment is immediate. If a tenant abandons, you must make reasonable efforts to rent the unit at a fair rental. A real estate broker-in-charge or licensed property manager may complete the form writ of eviction and present facts to the court for a landlord at no separate charge (Section 27-40-710(C)). If the verdict goes to the tenant, the tenant stays in possession until the tenancy ends, rent goes unpaid, or another proceeding ends it (Section 27-37-110).

What does a typical timeline look like?

Example a made-up landlord has the five-day paragraph in the lease. Rent is due on Sunday, November 1, 2026, and is still unpaid on Friday, November 6. The landlord applies to the magistrate on Monday, November 9, and the tenant is served with the rule the next day. The tenant then has ten days after service, until Friday, November 20, to vacate or show cause. With no response, the magistrate issues a warrant of ejectment and a constable or the sheriff carries it out. If the tenant contests and the verdict is for the landlord, the writ issues within five days of the verdict, and an appeal does not stop it unless the tenant gives a bond within five days after service of the notice of appeal. That is about three weeks from the unpaid rent to a warrant if nobody contests.

The usual way to lose time is service. If two attempts to serve the rule fail, posting and mailing through the clerk completes service only ten days after mailing, and the tenant's ten days start on the eleventh day after mailing, or earlier if the tenant contacts the court. Make the attempts at least 48 hours and eight hours apart and keep the written record the statute requires.

What can a South Carolina landlord never do?

If a landlord unlawfully removes or excludes a tenant, or willfully cuts off an essential service, the tenant may recover possession or end the agreement and recover three months' periodic rent or twice the actual damages, whichever is greater, plus reasonable attorney fees (Section 27-40-660). Belongings removed in an eviction that are put on a public street can be removed by officials after 48 hours, excluding Saturdays, Sundays and holidays, and the eviction notice must tell the tenant so (Section 27-40-710(D)).

How DoorKeeping handles it

DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

Questions

How many days late before I can start an eviction in South Carolina?: Rent unpaid five days after the due date allows you to terminate, if your written lease carries the statutory notice or you gave written notice of nonpayment (Section 27-40-710(B)).
How long does a tenant have to respond to a rule to show cause?: Ten days after service of the rule on the tenant (Section 27-37-20).
Who removes the tenant in South Carolina?: A constable, special constable or the sheriff executes the warrant or writ of ejectment. The landlord does not (Sections 27-37-40 and 27-37-100).