When can I legally evict someone in South Carolina?

[Corey Goldstein]

As a real estate investor, developer and property manager here in South Carolina, I’ve had a front-row seat to how evictions play out—both when they’re handled legally and fairly, and when landlords cut corners and end up in costly legal trouble. If you’re a landlord, knowing when and how you can legally evict a tenant is critical to protecting your investment.

Let’s break it down using the South Carolina Residential Landlord and Tenant Act—the law that governs most residential rental situations in this state. This does not apply to commercial or business leases.

When Can a Landlord Legally Evict a Tenant?

1. Nonpayment of Rent
If a tenant doesn’t pay rent on time, the landlord has the right to begin the eviction process—after giving a written 5-day notice. If the tenant still hasn’t paid within those 5 days, you can proceed. But here’s the catch: landlords only need to give this written notice once per lease term unless the lease explicitly waives that requirement. If the lease clearly says no notice will be given for late rent, then you don’t have to give one.

2. Violation of the Lease (Beyond Rent)
If a tenant breaks the terms of the lease—say, keeping unauthorized pets, trash burning or violating quiet hours—you can terminate the lease and start eviction. First, you must give a written notice explaining the violation and allow 14 days to fix it. If they don’t comply within that window, or at least start the process in good faith, you’re within your rights to evict.

3. Failing to Maintain a Safe and Healthy Unit
Tenants have responsibilities too. If they’re causing damage or creating unsafe living conditions, you can step in. Again, written notice must be given with 14 days to correct the issue—unless it’s an emergency, in which case action must be taken immediately.

4. Abandonment
If a tenant goes MIA—no rent, no communication—for 15 days after rent is due, that’s considered abandonment. In this case, you can take possession of the unit without going through eviction court. If you re-rent the unit, the former tenant’s obligations end once the new lease begins. Make sure you have specific language inside your lease agreement that allows for you to act based on this claim!

5. Lease Expiration or No Set Term
If a lease has ended and the tenant refuses to leave, you can go to court to regain possession. For open-ended tenancies (month-to-month, week-to-week), proper notice is required: 7 days for weekly tenants, 30 days for monthly or other undefined terms.

After Eviction: What You Can Recover

Once the lease is lawfully terminated, the landlord has the right to possession of the unit and any unpaid rent. If there’s property damage or other breaches of the lease, you can file a separate claim for those damages and—yes—ask the court to make the tenant pay reasonable attorney’s fees.

Collecting on judgments is time consuming and often leads nowhere! In the next article, Ill share how we collect, so you don’t take a big loss.

Bottom line: whether you’re an investor managing your own portfolio or a landlord with one or two properties, knowing how to execute evictions properly is non-negotiable. Sloppy practices lead to lawsuits, turnover headaches, and financial losses.