Have you filed an eviction in South Carolina and wondered why you can’t immediately obtain possession of your property after the tenant is served?
South Carolina is generally a landlord-friendly state, so many landlords are surprised to learn that filing an eviction action is only one step in the legal process. Once an ejectment action is filed and the tenant is served with the court’s Rule to Vacate or Show Cause, South Carolina law provides the tenant with an opportunity to respond before the court can proceed further. This response period is commonly referred to as the tenant’s 10-day response period, or grace period.
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The Legal Basis for the 10-Day Response Period
South Carolina’s eviction procedures are governed by state law.
Under South Carolina Code Section 27-37-20, when a landlord files for ejectment, the magistrate issues a written rule requiring the tenant either to vacate the premises or show cause why they should not be ejected. The statute provides that the tenant has ten days after service of the rule to respond.
This is an important distinction.
The ten-day period does not begin when the landlord files the case. It begins only after the tenant has been legally served with the court documents.
For landlords, this means that service of process is a critical milestone in the eviction timeline.
What Is a Rule to Vacate or Show Cause?
After an Application for Ejectment is filed in Magistrate Court, the court issues a document commonly referred to as a Rule to Vacate or Show Cause.
This document informs the tenant that:
- An eviction action has been filed.
- The tenant must vacate the property or respond to the court.
- A response must be made within the legally prescribed time period.
- Failure to respond could result in a writ of ejectment being issued.
The document effectively gives the tenant an opportunity to contest the eviction before possession is awarded to the landlord.
Why Does the Tenant Receive 10 Days?
Some landlords mistakenly view the ten-day period as a delay or grace period intended to benefit tenants. This timetable should not be confused with the five days that a tenant has to pay rent once you’ve served them a notice that rent hasn’t been paid.
Both those timelines are part of the due process protections built into South Carolina’s judicial system.
The court must provide tenants with an opportunity to:
- Respond to the allegations.
- Present defenses.
- Request a hearing.
- Contest the landlord’s claims.
- Request a jury trial if appropriate.
Whether the landlord is seeking possession due to nonpayment of rent, a lease violation, or expiration of the tenancy, the tenant must be given an opportunity to be heard before the court issues a final judgment.
What Happens During the 10-Day Period?
Once service occurs, the tenant has ten days to file an answer or otherwise respond to the court. During this period, several outcomes are possible.
- The Tenant Does Not Respond. If the tenant fails to respond within the required timeframe, the landlord may be able to move forward and request a writ of ejectment. In many South Carolina magistrate courts, if no answer is filed after the response period expires, a writ of ejectment may be issued without a contested hearing. This is one reason landlords should closely monitor the case status after service has been completed.
- The Tenant Files a Response. If the tenant answers the Rule to Vacate or Show Cause, the matter typically proceeds to a hearing before the court. At that point, both parties have an opportunity to present evidence and testimony. The magistrate will then determine whether the landlord has met the legal requirements for eviction.
- The Tenant Vacates Voluntarily. Sometimes tenants move out during the response period.
Even when that occurs, landlords should follow court procedures and verify whether any additional action is required before assuming the case is complete.
The Importance of Proper Service
One of the most common misunderstandings among landlords involves calculating the ten-day period.
The countdown begins only after legal service is completed.
According to information provided by South Carolina magistrate courts, landlords should remember that the response period does not begin when the paperwork is filed. Instead, it starts once service has been made on the tenant.
This distinction can significantly affect the timeline of an eviction.
What If the Tenant Requests a Hearing?
When a tenant contests the eviction, the court generally schedules a hearing.
At the hearing, landlords should be prepared to provide evidence supporting the eviction, such as:
- The lease agreement
- Rent ledgers
- Notices provided to the tenant
- Payment records
- Photographs
- Communication records
- Documentation of lease violations
The tenant also has the opportunity to present evidence and defenses. The magistrate then decides whether possession should be awarded to the landlord.
Frequently Asked Questions
Does the tenant get 10 days after I file the eviction?
No. The ten-day response period begins after the tenant is legally served with the Rule to Vacate or Show Cause, not when the case is filed.
Can I remove the tenant myself during the 10-day period?
No. Landlords must follow South Carolina’s legal eviction process and obtain the appropriate court orders before recovering possession.
What happens if the tenant never responds?
If the tenant does not answer within the required period, the landlord may be eligible to obtain a writ of ejectment through the court.
Does every eviction case require a hearing?
No. A hearing is generally necessary when the tenant contests the eviction. If no response is filed, a default process may occur.
Where are eviction cases filed in South Carolina?
Most residential ejectment actions are filed in the appropriate Magistrate Court serving the jurisdiction where the rental property is located.
We don’t recommend moving through an eviction without professional support. Contact us at J & P Unlimited. We manage investment properties in Longs, Myrtle Beach, Conway, Surfside Beach, Murrells Inlet, Socastee and the surrounding areas.
