South Carolina squatter law (Act 252): a verified petition and a same-day court order

Who counts as an "unlawful occupant" in South Carolina?

Section 27-37-200 defines unlawful occupants as people who detain, occupy or trespass on property containing a residential dwelling without the owner's permission, who have no legal right to occupy under state law, and who are not given a tenant's protections. The petition must say the property was not open to the public when they entered, they are not guests, you told them to leave, the property has not been leased to anyone and they are not current or former tenants, they are not immediate family members and no litigation is pending between you and any known occupant.

What do you file, and where?

Under Section 27-37-210 you file a verified petition with the clerk of court or the chief magistrate of the county where the property sits. Under Section 27-37-220, filing fees and court costs are the same as for a claim in the court of common pleas. The petition must also set out the orders you want, such as removal and a bar on returning.

• That you are the owner or the owner's representative, and the property includes a residential dwelling.
• That the occupants entered, remain, and have no permission.
• That you directed them to leave and they failed or refused.
• That the property has not been leased and they are not current or former tenants or family.
• That no litigation is pending with any known occupant.

What does the court do, and how fast?

On a verified petition that shows good cause, the court "shall immediately issue an ex parte order" to remove the occupants. Assertion of sufficient evidence that they are unlawfully occupying the dwelling is good cause. The order takes effect when entered and lasts until there is valid service and a hearing. The hearing must be held within 24 hours of filing the petition unless good cause shows a delay. The court must deny the order and dismiss the petition if you are not authorized to seek relief or do not show good cause. Failure to serve the order does not affect its validity.

After the hearing the court can permanently bar the occupants, expel them and their belongings, order them to pay repair costs, service costs and court costs, and keep them away from the home.

Who enforces it, and what does it cost?

The sheriff or a county, city or township constable enforces the order by removing the occupants and may arrest anyone for trespass, outstanding warrants or another legal cause. The fee is the same as for executing a warrant for the ejection of a trespasser under Section 15-67-630. You may ask the officer to stand by while you change locks and move belongings to or near the property line, at a reasonable hourly rate you pay.

How is this different from ejecting a tenant?

The existing tenant ejectment sections became Article 1, "Ejectment of Tenants," and the new squatter process is a separate Article 3. The new article covers people who have no legal right to occupy and no tenant protections. It does not reach a person with a lease, and Section 27-37-320 says it adds to other civil and criminal remedies. Tenant ejectment remains the path for a tenant. The same act changed tenant appeals: a tenant who appeals a judgment for ejectment can get a stay of execution only by filing an affidavit promising to pay rent as it comes due.

What are the penalties for a fake lease and for damage?

• Presenting a false document that purports to be a valid lease, deed or other instrument, with intent to detain or remain on the property, is a misdemeanor under Section 16-11-790(C), punishable by a fine in the court's discretion or up to one year in jail, or both.
• Listing or advertising property for sale knowing the seller has no title, or renting it knowing the person has no ownership or leasehold interest, is a misdemeanor with a fine of up to $1,000 or up to 30 days in jail, or both.
• Unlawfully occupying a dwelling and intentionally causing $1,000 or more in damage is a felony with up to five years in prison.
• Violating an ex parte order is a felony with up to three years in prison or a fine of up to $3,000, or both.

What if the order was wrong?

A person removed without just cause can sue for restored possession, actual damages to personal property, statutory damages of $1,000 and court costs. Those damages are offset by any damage the person did to the real property, which the owner must prove. Actual damages cannot exceed the value of the damaged personal property.

Example a made-up removal wrongly takes a $300 television. The person could recover its $300 value, $1,000 in statutory damages and court costs, less any damage to the home that the owner proves.

How DoorKeeping fits in South Carolina

DoorKeeping keeps a unit's records in one place: the signed lease and who is on it, dated documents and photos, and your notes on who has keys. The petition turns on whether the property was ever leased and whether you told the occupants to leave, so a clean lease history and dated notes are the proof you will want. Anything that involves a legal step waits for your one-tap approval. This is general information, not legal advice. Check the current statute, your county's process and your own facts before you act.

Sources

1. H. 3387 (Act 252), Unlawful occupants of property, as ratified (South Carolina General Assembly), read Oct 30, 2026

Questions

How fast does a South Carolina court act on a squatter petition?

The court shall immediately issue an ex parte order on a petition showing good cause, and a hearing must follow within 24 hours of filing unless good cause delays it.

Who files the South Carolina squatter petition?

The property owner or the owner's representative, with the clerk of court or the chief magistrate of the county.

Is a fake lease a crime in South Carolina?

Yes. Under Section 16-11-790(C), presenting a false document to detain or remain on real property is a misdemeanor.