Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Timelines and procedures may vary based on specific circumstances. We recommend consulting with a licensed attorney prior to filing for eviction.
Introduction
Dealing with a tenant who fails to pay rent can be one of the most difficult aspects of property management. It’s crucial to understand both your legal rights and the proper steps to take to protect your investment.
At Beach Rental Group, we manage annual rental properties across Horry County and surrounding areas. Our experience has helped us streamline the eviction process when necessary—always in compliance with South Carolina law. This blog breaks down how eviction works in South Carolina from a landlord’s point of view and explains how our team manages the timeline, notices, filings, and court appearances.
Rent Collection & Late Fee Timeline (Beach Rental Group Policy)
Most professional Property Management companies follow the policy of rent is due on the 1st of the month and payable by the 5th of the month. What this means is that the tenant has until the 5th of each month to pay their rent before any penalties can apply.
Where companies and self-managed properties begin to differ is how the late fees and eviction-filing timeline works. Below is a rough outline of how our procedure works at Beach Rental Group:
When Rent Is Due
- Rent is due on or before the 1st of each month. Payments are considered received once posted through an approved method.
Grace Period and Late Fees
- We extend a grace period through the 5th of the month. If rent hasn’t posted by the 6th, a late fee is added. If unpaid by the 11th, an additional late fee is applied.
Warning Letters and Notices
- On the 10th, if rent and all fees are still unpaid, tenants receive a formal warning notice stating their account is delinquent and subject to eviction if not resolved immediately.
Final Deadline Before Eviction Filing
- If the tenant has not paid by the 15th, an eviction is officially filed with the Horry County Magistrate.
As long as your policies are considered reasonable by the law, the timeline can vary based on what you’re comfortable with. The most important thing is that you treat the policies like policies. You do not want to bend on your policies because when you bend once, your tenants may take advantage of you.
Legal Eviction Filing in South Carolina
The process to file an Eviction starts with your local Magistrate. There are multiple Magistrate offices here in Horry County that we can file at. It may be worthwhile to call your local magistrate before arriving to confirm what documents or identification you will need to bring. The initial Eviction process is as follows:
Filing with the Magistrate
- As the landlord, you can file for eviction if the tenant fails to pay rent per the lease. This filing is made at the local magistrate court.
Delivery of Eviction Notice to Tenant
- The court is responsible for serving the eviction notice to the tenant. Importantly, the tenant must sign the notice as proof of receipt.
10-Day Response Period
- Once served, the tenant has 10 days to contact the magistrate and schedule a court hearing. This response time is often where delays begin—some hearings may not be scheduled for weeks or even months, depending on the court’s calendar.
What Happens If the Tenant Requests a Hearing
- If a hearing is scheduled, both landlord and tenant appear in court. You’ll need to present documentation (payment history, notices, lease agreement, etc.) to support your claim for eviction.
Court Hearing Process and Outcomes
- If the magistrate rules in your favor, the process moves forward toward tenant removal. If the tenant does not respond within the 10 days, you can take the next step which is a writ of ejectment.
Writ of Ejectment and Tenant Removal
When the Tenant Does Not Respond Within 10 Days
- If there’s no hearing request within the 10-day window, you return to the magistrate and file for a writ of ejectment.
Filing for a Writ of Ejectment
- This legal document authorizes the removal of the tenant from the property.
24-Hour Notice for Vacating
- After the writ is issued, the tenant is given 24 hours to vacate the property.
Involving the Sheriff
- If the tenant remains beyond the 24 hours, the sheriff will assist in removing the tenant and their belongings from the home.
Handling the Tenant’s Belongings (Per SC Law)
- You are legally required to place the tenant’s belongings along the roadside at the edge of the property. This ensures compliance with SC’s eviction regulations.
What if the Tenant Vacates
Of course, there is the chance that the tenant will make a payment prior to a court date or following through with the eviction.
We’ve had a lot of success communicating what the eviction process entails to tenants. Many tenants don’t want to go through the whole process and would gladly move out prior to a court date when the eviction would officially go on their record.
If the tenant truly does not intend on paying, in many scenarios it is best to urge them to move out quickly. This is a good scenario for the homeowner for a few reasons:
It will reduce the cost and time of vacancy.
There will be less headache on your plate in terms of dealing with court or a writ of ejectment.
If the tenant agrees to leave prior to a court hearing, it is less likely that the tenant will cause additional damages to the property.
Before the Eviction Is Filed
- Tenants can avoid eviction if they pay the full balance, including rent, late fees, and administrative charges, before the eviction is officially filed.
Documentation and Communication
How We Document Every Step
- Every communication, notice, and fee assessment is carefully documented in the tenant’s file. This ensures full transparency and readiness if court action becomes necessary.
Communication Methods with Tenants
- We communicate via the tenant’s chosen method—email, portal notifications, or postal mail—as defined in the lease agreement.
Importance of Paper Trail in Court Proceedings
- Having consistent, timestamped communication is vital in court. It strengthens your position if the tenant contests the eviction.
Conclusion
While eviction is always a last resort, landlords must act quickly and within legal parameters when rent goes unpaid. At Beach Rental Group, we’ve developed a clear, fair, and efficient eviction policy that complies with South Carolina’s legal framework and protects our property owners.
Understanding the steps—from rent collection to sheriff involvement—helps landlords make informed decisions and ensures a smoother resolution. Always consult with an attorney to ensure your case is handled correctly under SC law.
How Does Beach Rental Group Handle This for Clients
Clients do not have to worry about handling the eviction process when they work with us. It doesn't happen often, but if we have to go through an eviction - we handle it with our expertise on behalf of the homeowner.
Curious to learn more about how we can make the property management process hands off for you and see our eviction guarantees, visit our Management Services page HERE.
Frequently Asked Questions (FAQ)
How long does the eviction process take in South Carolina?
- It depends on court schedules, but the process can take 30–60 days or longer, especially if a court hearing is required.
Can a landlord evict a tenant immediately for non-payment?
- No. The tenant must be given notice and the opportunity to schedule a hearing. Only after that process can a writ of ejectment be issued.
What happens if a tenant doesn’t show up to the court hearing?
- If the tenant fails to appear, the magistrate will likely rule in favor of the landlord, allowing the eviction to proceed.
Does a tenant have to be out within 24 hours after a writ of ejectment?
- Yes. If the tenant is still there after 24 hours, the sheriff can legally remove them and their belongings.
