South Carolina Eviction Pamphlet
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This eviction pamphlet outlines a landlord's eviction obligations from a tenant's perspective.
Document Last Modified: 7/9/2024
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Landlords and tenants in South Carolina should know about the eviction process, what it involves and why or when it can occur. This comprehensive South Carolina Eviction Pamphlet describes the eviction process, tenant rights and what landlords and tenants can and should do at such times.
Who: Are you someone who is renting a home or property and just received a notice of eviction from your landlord? If so, you will want to make sure that they are acting within the laws of the state of South Carolina, and you will need to know what steps you can take to remain in the property or leave without heavy financial penalties or problems.
If you are a resident in government-assisted housing, the details here may not apply to you, and you may have even more rights than what we will cover below.
Are you a landlord? This pamphlet is designed from the tenant's' perspective to help you understand what rights your tenants have and what steps you must take if you find they need to be evicted.
What: This pamphlet provides you with common tenant questions and the legal answers to their concerns.
When: This pamphlet is ideal for new renters or those who have received any notices regarding non-payment, non-compliance or eviction.
The first step any renters can take is to download this helpful South Carolina Eviction pamphlet here, and review the details closely. It is surprising how complicated evictions can be, and even landlords can make mistakes or violate laws.
Resources:
- South Carolina 5 Day Demand for Rent
- South Carolina 14 Day Notice to Cure
- South Carolina Application for Ejectment
- South Carolina Landlord Tenant Law Pamphlet
- South Carolina Lease Agreement
Tips and Tricks for Landlords: Many landlords get angry when they have good reason to evict a renter or "tenant". There are several legal reasons for eviction, including non-payment of the rent, breaking the rental agreement by failing to keep the property free of damage, preventing the landlord from making repairs, or using the property in ways that your lease forbade, or if the lease reaches its termination date.
A written lease outlines many details, and might even have described how the landlord can legally evict a tenant. What a lease does not allow the landlord to do is to lock a tenant out of the property, shut off the utilities, take belongings out of the building, or deny access in any way.
Leases typically explain the reasons that a landlord can evict a tenant. Most landlords use very reasonable leases, but sometimes the leases can make it easier to evict a renter.
In South Carolina a landlord must begin the ejectment or eviction process with a five, 14, or 30-day notice of eviction. The five-day notices are often used for non-payment of rent and give five days to pay or face eviction. If a tenant has previously received one already during a lease, the landlord does NOT have to send another written notice before they begin eviction. Also, a lease may explain that five-day rule, and this frees the landlord to begin eviction as soon as those five days have passed.
In addition to a five-day notice, the landlord may have cause to give a 14 day warning or 30 day warning. Only once these notices are received can they start the eviction process. This is done when they file with the court and have applied for the Rule to Show Cause. This is the true "first step" in eviction, and more details are found in the South Carolina Eviction Pamphlet.
Sources
- https://www.ezlandlordforms.com/documents/south-carolina-eviction-pamphlet-9913/
- http://www.scstatehouse.gov/code/t27c037.php?fwtext=ejectment
South Carolina Rental Forms and Templates
While the Lease Agreement is the most important form that Landlords use, it’s only the first of many forms that Landlords need.
That’s why we offer forms for the entire Landlord Lifecycle - from Tenant Screening to move-out!
- Rental Application: Before signing a Lease Agreement, it’s vital to first screen Tenants. Screening should start with our FREE Rental Application and include a credit report, criminal history background report, eviction history report, and ResidentScore. See sample reports here.
- Tenant Welcome Letter: Customize this letter to make sure that renters have all the information they need about their new home on day 1.
- Move-In/Move-Out Walkthrough Checklist: This checklist makes it EZ to document property condition at move-in and move-out.
- Rent Ledger: Our rent ledger makes it EZ for Landlords to track payments and document any missed payments.
- South Carolina 5-Day Demand for Rent: This form should be used with Tenants that are behind on rent. This is a necessary first step before filing for eviction.
- South Carolina Application for Ejectment: South Carolina Landlords should use this form to initiate eviction proceedings.
- South Carolina 14-Day Notice to Cure: Landlords should use this Notice for Lease violations other than non-payment of rent.
- South Carolina Eviction Pamphlet: This pamphlet outlines the requirements for a Landlord to evict a Tenant.
- South Carolina Landlord-Tenant Law Pamphlet: This resource outlines Landlord and Tenant rights in South Carolina and provides Landlords with a good overview of state Lease laws.
Pro Tip: If you collect a security deposit, this form is essential.
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