South Carolina Eviction Defense: Tenant Rights & Delaying Eviction (2025)

It's scary to get an eviction notice in the mail. Your mind might race with questions: Where will I go? How much time do I have? What are my options? Take a deep breath. You're not powerless, and you're not alone.

South Carolina law provides tenants with important rights and protections during eviction proceedings. Even if you're behind on rent or facing other lease issues, you may have options to delay eviction, challenge the process, or work out a solution. The key is understanding what's happening and acting quickly.

This article explains South Carolina's eviction process in plain English, covering the different types of notices you might receive, your legal rights, and practical steps you can take. We'll walk through timelines, court procedures, and where to get help. Most importantly, we'll show you that having an eviction notice doesn't mean you have to move out immediately.

Remember: This is educational information to help you understand your situation. It's not legal advice. Every case is different, and South Carolina eviction law can be complex. For guidance about your specific situation, contact a qualified attorney or local legal aid organization.

South Carolina law allows landlords to use different types of notices depending on the situation. Each notice gives you different amounts of time and different options. Here's what each one means:

5-Day Pay or Quit Notice: This is the most common notice. South Carolina law gives tenants a 5-day grace period after rent is due before landlords can even start eviction proceedings. If you get this notice, you have 5 days to pay the full amount owed to stop the eviction.

14-Day Cure or Quit Notice: Used for lease violations like having unauthorized pets, making too much noise, or violating other lease terms. The notice must clearly explain what you did wrong. You have 14 days to fix the problem.

Unconditional Quit Notice: Reserved for serious violations like illegal activity on the property. This notice doesn't give you a chance to cure the problem.

Important: Any notice with wrong information, missing details, or improper formatting might be invalid. This could be a defense if your case goes to court.

Understanding deadlines is crucial. Here's how to count days in South Carolina:

Calendar Days: Most eviction notices in South Carolina use calendar days, which means you count every day including weekends and holidays.

Example: If you receive a 5-day notice on Monday, your deadline is Saturday (Monday=1, Tuesday=2, Wednesday=3, Thursday=4, Friday=5).

Mailing Time: If the notice was mailed to you, South Carolina law may add extra days for mailing time. Check if your notice mentions this.

Grace Period: Remember, South Carolina provides a 5-day grace period after rent is due before any eviction proceedings can even begin. This is separate from the notice period.

Counting days correctly is important because missing a deadline could affect your case. When in doubt, contact the court or get legal help to confirm your deadline.

Understanding what happens step-by-step can help you know when to act:

Important: Only the sheriff can physically remove you from your home. Your landlord cannot lock you out, shut off utilities, or remove your belongings without a court order.

South Carolina's Residential Landlord and Tenant Act protects you throughout the eviction process:

Right to Proper Notice: Your landlord must give you written notice that meets all legal requirements. The notice must be clear about what you allegedly did wrong and how much time you have to respond.

Right to Due Process: You have the right to a court hearing before being evicted. The landlord must prove their case to a judge - they can't just make accusations.

Protection from Self-Help: Your landlord cannot lock you out, shut off utilities, or remove your belongings without going through the courts. These "self-help" evictions are illegal in South Carolina.

Right to Legal Representation: You can have a lawyer represent you in court. If you can't afford one, contact legal aid organizations for help.

Right to Jury Trial: Either you or your landlord can request a jury trial under South Carolina Code Section 27-37-80. This can extend the timeline and may provide advantages in some cases.

Right to Appeal: If you lose at the magistrate level, you may appeal to circuit court. However, you'll likely need to post a bond to stay in your home during the appeal.

Protection from Retaliation: Your landlord cannot evict you in retaliation for complaining about housing conditions, requesting repairs, or exercising your legal rights.

South Carolina law provides several options that might help delay eviction proceedings:

Challenge Notice Errors: If your eviction notice has mistakes - wrong amounts, missing information, improper format - you may be able to get the case dismissed. The landlord would have to start over with a proper notice.

Request Court Hearing: Don't ignore court papers. Call the court within 10 days to request a hearing. This gives you a chance to present your side and may buy additional time.

File Written Defenses: Consider filing written responses that explain your defenses. This creates a formal record and ensures the court knows your position.

Raise Habitability Issues: If your landlord hasn't maintained the property properly, you may have defenses related to the warranty of habitability. Document all problems with photos and written complaints.

Assert Waiver Defense: If your landlord accepted rent payments after knowing about a lease violation, they may have waived their right to evict based on that violation.

Request Jury Trial: This can significantly extend the timeline as courts must schedule jury selection and a full trial.

Appeal Process: If you lose, you may appeal to circuit court, though this requires posting a substantial bond based on monthly rent.

Seek Rental Assistance: Many programs exist to help pay back rent. Getting assistance might resolve the case entirely.

Remember: These are options to explore, not guarantees. Each situation is different, and courts have discretion in their decisions.

Don't face this alone. Help is available:

Eviction Support Now – Get step-by-step guidance for understanding notices, court forms, and the legal process. Our resources can help you navigate your options and prepare for court.

South Carolina Legal Aid Free legal help for qualifying low-income residents. Call 1-888-346-5592 or visit sclegal.org.

211 Helpline Dial 2-1-1 for information about local rental assistance programs, emergency aid, and other resources.

South Carolina Bar Lawyer Referral Service Find an attorney who handles landlord-tenant cases. Call 1-800-868-2284.

Court Self-Help Centers Many courts have staff who can explain procedures and help with forms (but can't give legal advice).

Local Rental Assistance Programs Contact your county or city government to ask about emergency rental assistance programs.

Community Action Agencies These organizations often provide rental assistance and housing counseling services.

Here's what to do right now:

1. Identify Your Notice Type: Look at your notice carefully. Is it a 5-day pay or quit, 14-day cure or quit, or something else?

2. Count Your Deadline: Figure out exactly when your notice period expires. Mark it on a calendar.

3. Learn Your Rights: Review the tenant protections under South Carolina law. Document any landlord violations.

4. Don't Ignore Court Papers: If you're served with court documents, call the court within 10 days to request a hearing.

5. Get Help Early: Contact legal aid, tenant advocacy groups, or an attorney as soon as possible. Don't wait until the last minute.

6. Gather Evidence: Collect rent receipts, photos of property conditions, written communications with your landlord, and any other relevant documents.

7. Look for Assistance: Apply for rental assistance programs that might help you catch up on rent.

South Carolina eviction law varies by location, with some areas providing stronger tenant protections than state law requires.

County Variations: Some South Carolina counties may have slightly different procedures or local rules. Check with your specific magistrate court for local requirements.

Sheriff Enforcement: The timing of sheriff enforcement can vary by county. Some may act quickly after receiving the writ, while others may have delays due to caseload.

Recent Legal Changes: South Carolina has been considering several bills that could affect tenant rights: - House Bill 3339 would extend the grace period from 5 to 10 days - House Bill 4270 would seal eviction records after 6 years - House Bill 3232 addresses mold conditions in rental properties

Emergency Protections: During emergencies or natural disasters, additional protections may be available. Check with local authorities during such events.

Military Protections: Active duty military personnel have additional protections under federal law (Servicemembers Civil Relief Act) that can delay or prevent eviction proceedings.

Facing eviction is stressful, but knowing your rights gives you time and options. South Carolina law provides meaningful protections for tenants who understand the system and act quickly. Whether you're dealing with a notice error, need time to catch up on rent, or have defenses to raise, taking action early and getting help can make a real difference in your case.

Remember that eviction is a legal process with specific rules. Landlords can't just force you out - they must follow the law, and you have rights throughout the process. Don't give up, and don't face this alone.