Tenant's Answer and Defenses to Application for Ejectment — South Carolina

TENANT'S ANSWER AND DEFENSES TO APPLICATION FOR EJECTMENT — SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption
2. Appearance and Demand for Hearing
3. Answer to Numbered Allegations
4. Affirmative Defenses
5. Counterclaims
6. Prayer for Relief
7. Demand for Jury Trial
8. Verification
9. Signature and Service Blocks
10. Certificate of Service
11. Exhibits
12. Notice of Right to Appeal — 5-Day Bond
13. South Carolina Practice Notes
14. Sources and References

1. CAPTION

STATE OF SOUTH CAROLINA

COUNTY OF [COUNTY NAME]

IN THE MAGISTRATE'S COURT FOR [COUNTY NAME] COUNTY

CIVIL ACTION FILE NO. [________________________________]

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

2. APPEARANCE AND DEMAND FOR HEARING

Defendant [TENANT NAME] ("Tenant"), by and through undersigned [counsel / pro se], hereby appears in the above-captioned action pursuant to S.C. Code § 27-37-20, contests Plaintiff's Application for Ejectment, and respectfully shows the Court the following:

2.1. Tenant timely received the Rule to Vacate or Show Cause on [__/__/____].

2.2. Tenant appears within ten (10) days as required by S.C. Code § 27-37-20.

2.3. Tenant DENIES that Plaintiff is entitled to ejectment and respectfully DEMANDS A HEARING on Plaintiff's Application.

3. ANSWER TO NUMBERED ALLEGATIONS

Tenant responds to the numbered allegations of Plaintiff's Application as follows (use as many paragraphs as the Application contains; the format below is a template):

3.1. As to allegations regarding the parties and the Premises: [ADMITTED / DENIED / DENIED FOR LACK OF KNOWLEDGE — explain]

3.2. As to allegations regarding the Lease: [ADMITTED / DENIED — explain disputed terms]

3.3. As to allegations regarding nonpayment: [ADMITTED / DENIED — state the actual rent paid, dates of payment, and any disputed amounts]

3.4. As to allegations regarding material noncompliance: [ADMITTED / DENIED — state the facts]

3.5. As to allegations regarding service of predicate notice: [ADMITTED / DENIED — state when received, by what method, and any defects in the notice or service]

3.6. As to allegations of holdover: [ADMITTED / DENIED — state any continuing tenancy facts, acceptance of rent, etc.]

3.7. GENERAL DENIAL. Except as expressly admitted above, Tenant DENIES each and every allegation of the Application.

4. AFFIRMATIVE DEFENSES

Tenant asserts the following affirmative defenses (assert each that applies; strike those that do not):

4.1. Defective Notice — Strict Compliance Required

Plaintiff failed to comply with the strict notice requirements of S.C. Code § 27-40-710 (nonpayment / material noncompliance) and/or § 27-40-770 (periodic tenancy termination), in that [STATE THE DEFECT — e.g., the notice did not allow the full 5/14/30-day cure or termination period; the notice failed to specify the breach with reasonable particularity; the notice was not properly served under § 27-40-220 or § 27-37-30; the notice misstated the amount due]. Defective notice is a complete defense to ejectment.

4.2. Cure Within Statutory Window

Tenant timely cured the alleged breach within the statutory cure period under S.C. Code § 27-40-710 by [DESCRIBE — e.g., paying all rent due on [date]; permanently removing the unauthorized animal on [date]; correcting the lease violation on [date]], and thus the rental agreement did not terminate.

4.3. Payment / Tender / Accord and Satisfaction

Tenant has paid all rent due, or has tendered payment that Plaintiff wrongfully refused, or the parties have entered an accord and satisfaction. [STATE THE FACTS AND ATTACH PROOFS — receipts, bank records, money-order stubs, certified-mail receipts].

4.4. Breach of Warranty of Habitability — § 27-40-440

Plaintiff has failed to maintain the Premises in a fit and habitable condition as required by S.C. Code § 27-40-440, in that [DESCRIBE CONDITIONS — e.g., persistent water intrusion / mold; non-functional heating; vermin infestation; broken windows; absence of running or hot water; failed plumbing/electrical systems; building-code violations]. Tenant gave written notice on [__/__/____] and Plaintiff failed to remedy the conditions. Tenant is entitled to defense, abatement, and remedies under §§ 27-40-610, 27-40-630, and 27-40-640.

4.5. Tenant's Rent Withholding / Repair-and-Deduct (Essential Services) — § 27-40-630

After notice to the Landlord, Tenant procured essential services (water, heat, hot water, electricity, gas, or plumbing service) and lawfully deducted the actual and reasonable cost from rent. The amount in alleged default has thus been satisfied or properly offset.

4.6. Retaliation — § 27-40-910

Plaintiff's attempt to evict is retaliatory and prohibited under S.C. Code § 27-40-910. Within the recent past, Tenant engaged in protected activity, namely [DESCRIBE — e.g., filed a complaint with [code-enforcement agency] on [date]; complained in writing to Plaintiff regarding chapter / code violations on [date]; organized or joined a tenants' association]. Plaintiff initiated this action in retaliation for Tenant's protected activity.

4.7. Discrimination — Fair Housing

Plaintiff's attempt to evict is discriminatory and prohibited by the South Carolina Fair Housing Law (S.C. Code §§ 31-21-10 et seq.) and the federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) on the basis of [race / color / religion / sex / national origin / familial status / disability — specify]. [BRIEFLY STATE FACTS]. Tenant reserves the right to file complaints with HUD and/or the South Carolina Human Affairs Commission and to pursue separate enforcement.

4.8. Security Deposit Offset — § 27-40-410

To the extent Plaintiff seeks money damages, the security deposit of $[________] must be applied as offset, and Plaintiff has failed to provide the itemized 30-day accounting required by S.C. Code § 27-40-410.

4.9. Self-Help Eviction (Counterclaim Predicate) — § 27-40-660

Plaintiff has engaged in unlawful self-help by [DESCRIBE — e.g., changing the locks on [date]; shutting off the water/electricity on [date]; removing Tenant's personal property on [date]; threatening Tenant with force], in violation of S.C. Code § 27-40-660. See Counterclaim Count I below.

4.10. Waiver / Estoppel by Acceptance of Rent

Plaintiff accepted rent on [__/__/____] with full knowledge of the alleged breach, thereby waiving the breach and / or being estopped from asserting it.

4.11. Federally Assisted Housing — Good-Cause / Pre-Notice Failure

The Premises are subject to [HUD program / USDA-RD / LIHTC / HCV (Section 8)] requirements that mandate good cause and program-specific pre-eviction notice. Plaintiff failed to comply, and the eviction is therefore barred.

4.12. Servicemembers Civil Relief Act

Tenant is a covered servicemember on active duty under 50 U.S.C. § 3911, and is entitled to the protections of 50 U.S.C. § 3931 (default protection) and § 3951 (eviction-stay). Tenant requests appointment of counsel and / or a stay of proceedings of not less than 90 days under § 3931 and § 3932.

4.13. Lack of Standing / Improper Plaintiff

Plaintiff is not the legal owner of the Premises, the proper lessor under the Lease, or otherwise lacks standing to bring this action.

4.14. Improper Venue / Subject-Matter Jurisdiction

This action has been filed in the wrong county magistrate's court, or the money damages sought exceed the magistrate's $7,500 jurisdictional cap (S.C. Code § 22-3-10) and require Circuit Court adjudication.

4.15. Reservation of Defenses

Tenant reserves the right to amend this Answer and to assert additional defenses as discovery and the show-cause hearing develop the record.

5. COUNTERCLAIMS

Tenant asserts the following counterclaims, each within the magistrate's $7,500 civil jurisdiction (or to be transferred / refiled in Circuit Court if amount-in-controversy exceeds the cap):

COUNT I — Self-Help Eviction (S.C. Code § 27-40-660)

5.1.1. Plaintiff unlawfully removed or excluded Tenant from the Premises and / or willfully diminished essential services on [__/__/____] by [DESCRIBE].

5.1.2. Pursuant to S.C. Code § 27-40-660, Tenant is entitled to recover possession or to terminate the Lease, AND to recover an amount equal to three (3) months' periodic rent or twice Tenant's actual damages, whichever is greater, plus reasonable attorney's fees.

5.1.3. Tenant's claimed damages: $[________].

COUNT II — Wrongful Withholding of Security Deposit (S.C. Code § 27-40-410)

5.2.1. Tenant paid a security deposit of $[________] on [__/__/____].

5.2.2. The tenancy has terminated (or, alternatively, Plaintiff has wrongfully applied the deposit pre-termination).

5.2.3. Plaintiff failed to provide an itemized written accounting within thirty (30) days as required by S.C. Code § 27-40-410.

5.2.4. Tenant is entitled to three (3) times the amount wrongfully withheld plus reasonable attorney's fees.

5.2.5. Tenant's claimed damages: $[________].

COUNT III — Breach of Warranty of Habitability (S.C. Code § 27-40-440)

5.3.1. Plaintiff failed to maintain the Premises in a fit and habitable condition.

5.3.2. Tenant gave written notice and Plaintiff failed to cure within a reasonable time.

5.3.3. Tenant is entitled to rent abatement, recovery of repair costs, recovery of cost of essential services procured by Tenant, and other remedies under §§ 27-40-610, 27-40-630, and 27-40-640.

5.3.4. Tenant's claimed damages: $[________].

COUNT IV — Retaliation (S.C. Code § 27-40-910)

5.4.1. Tenant engaged in protected activity on [__/__/____].

5.4.2. Plaintiff retaliated by [bringing this eviction / increasing rent / decreasing services] on [__/__/____].

5.4.3. Tenant is entitled to defense, possession, and damages.

COUNT V — Wrongful Dispossession (S.C. Code § 27-37-140)

5.5.1. To the extent Tenant has been wrongfully dispossessed of the Premises, Tenant has an action for damages against the Landlord under S.C. Code § 27-37-140.

5.5.2. Tenant's claimed damages: $[________].

6. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully prays that this Court:

A. DENY Plaintiff's Application for Ejectment;

B. DISMISS Plaintiff's Application with prejudice;

C. ENTER JUDGMENT in favor of Tenant on all counterclaims, including damages of $[________] (within the magistrate's $7,500 cap, or as transferred/refiled in Circuit Court) plus reasonable attorney's fees;

D. ORDER Plaintiff to restore possession and / or essential services to Tenant if there has been a self-help eviction;

E. AWARD Tenant costs and reasonable attorney's fees;

F. GRANT such other and further relief as the Court deems just and proper, including any stay under the Servicemembers Civil Relief Act if applicable.

7. DEMAND FOR JURY TRIAL

☐ Tenant hereby DEMANDS a trial by jury on all issues so triable, pursuant to S.C. Code §§ 27-37-60 and 27-37-80.

☐ Tenant does NOT demand a jury and consents to a bench trial before the Magistrate.

8. VERIFICATION

STATE OF SOUTH CAROLINA
COUNTY OF [_____________]

I, [TENANT NAME], being duly sworn, depose and state:

I am the Defendant in the above-captioned action. I have read the foregoing Answer, Affirmative Defenses, and Counterclaims, and the factual statements contained herein are true and correct to the best of my knowledge, information, and belief.

Signature: ____________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SWORN to and subscribed before me this _____ day of __________________, 20____.

Notary Public for South Carolina

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[ NOTARY SEAL ]

9. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

____________________________________
[ATTORNEY OR PRO SE TENANT NAME]
[SC Bar No., if attorney]
[FIRM / ADDRESS]
[CITY, SC ZIP]
[PHONE] | [EMAIL]

Counsel for Defendant (or, "Defendant, Pro Se")

Date: [__/__/____]

10. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a true and correct copy of the foregoing TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS on Plaintiff and Plaintiff's counsel by:

☐ Hand delivery
☐ U.S. Mail, first class, postage prepaid
☐ U.S. Mail, certified, return receipt requested
☐ Email (if authorized): [EMAIL]
☐ Other: [DESCRIBE]

at:

[NAME OF PLAINTIFF / COUNSEL]
[ADDRESS]
[CITY, SC ZIP]

Signature: ____________________________________
Printed Name: [________________________________]

11. EXHIBITS

EXHIBIT 1 — Lease Agreement

EXHIBIT 2 — Predicate Notice received from Plaintiff (highlighting defects)

EXHIBIT 3 — Tenant's rent payment ledger / receipts / bank records

EXHIBIT 4 — Habitability evidence: photographs, repair-request emails, code-enforcement reports

EXHIBIT 5 — Correspondence demonstrating protected activity (retaliation defense)

EXHIBIT 6 — Tenant's written demand for security-deposit accounting and forwarding address

EXHIBIT 7 — Other supporting documentation

12. NOTICE OF RIGHT TO APPEAL — 5-DAY BOND

If judgment is entered against Tenant, Tenant has the right to appeal to the Circuit Court for [COUNTY] County. TO STAY EJECTMENT PENDING APPEAL, TENANT MUST POST AN APPEAL BOND WITHIN FIVE (5) DAYS AFTER SERVICE OF NOTICE OF APPEAL as required by S.C. Code § 27-37-130. Failure to file the bond within five days results in dismissal of the appeal. The amount and form of the bond are set by the magistrate or Circuit Court rules; consult counsel immediately.

13. SOUTH CAROLINA PRACTICE NOTES

13.1. 10-day window to appear. Tenant must vacate or appear within 10 days after service of the Rule (§ 27-37-20). Default ejectment issues if Tenant fails to appear (§ 27-37-40).

13.2. Defective notice as complete defense. South Carolina magistrates strictly enforce notice requirements. The most common defects:

• 5-day notice not actually waited out before filing;
• 14-day cure period not honored;
• 30-day periodic-tenancy notice short by even one day;
• Lack of particularity in describing the breach;
• Improper service (mailing without clerk verification under § 27-37-30; failure to combine posting with mailing where personal service unsuccessful).

13.3. Habitability defense. Tenant should present photographs, dated repair requests, code-violation citations, and witness testimony. Even partial breach of habitability supports rent abatement.

13.4. Retaliation timing. Although § 27-40-910 does not specify a fixed presumption window, the prevailing practitioner approach is to focus on landlord conduct within roughly six (6) months of protected activity. Document the timing tightly.

13.5. Self-help is reversible. If the landlord has engaged in self-help, Tenant should seek an immediate emergency hearing for restoration of possession and essential services in addition to damages under § 27-40-660.

13.6. Security deposit setoff. § 27-40-410 entitles Tenant to 3x wrongfully withheld deposit. Provide a forwarding address in writing; without it, statutory damages may be forfeited.

13.7. Magistrate cap and counterclaims. If counterclaims exceed $7,500, consider transferring to Circuit Court or splitting claims.

13.8. Jury trial. Either side may demand a jury under §§ 27-37-60, 27-37-80.

13.9. 5-day appeal bond. This is the single most-missed deadline in SC eviction defense. Calendar it the moment judgment enters.

13.10. SCRA stay. Active-duty tenants are protected; the court must appoint counsel and may stay proceedings on motion.

13.11. Federally assisted housing. HUD, USDA-RD, LIHTC, and HCV programs require good cause and additional pre-eviction notice. Plead and prove the program failure if applicable.

13.12. Mobile home parks. S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act) governs lot tenancies separately. If you live in a manufactured-home community, additional defenses may apply.

13.13. Local protections. Charleston, Columbia, and Greenville have housing-code, source-of-income, and landlord-registration requirements that may give rise to additional defenses or affirmative claims.

13.14. Free legal aid. South Carolina Legal Services (https://www.sclegal.org) and the South Carolina Appleseed Legal Justice Center (https://www.scjustice.org) provide assistance to qualifying tenants.

14. SOURCES AND REFERENCES

• South Carolina Code of Laws — Title 27, Chapter 37 (Ejectment of Tenants): https://www.scstatehouse.gov/code/t27c037.php
• South Carolina Code of Laws — Title 27, Chapter 40 (Residential Landlord and Tenant Act): https://www.scstatehouse.gov/code/t27c040.php
• S.C. Code § 27-37-20 (10-day rule to vacate or show cause).
• S.C. Code § 27-37-40 (Default ejectment).
• S.C. Code §§ 27-37-60, 27-37-80 (Jury trial right).
• S.C. Code § 27-37-130 (Appeal bond — 5 days).
• S.C. Code § 27-37-140 (Wrongful dispossession damages).
• S.C. Code § 27-37-150 (Continuing rent; non-waiver).
• S.C. Code § 27-37-160 (Writ execution; 24-hour vacate window).
• S.C. Code § 27-40-220 (Notice; service).
• S.C. Code § 27-40-410 (Security deposit; 30-day return; 3x damages).
• S.C. Code § 27-40-440 (Warranty of habitability).
• S.C. Code § 27-40-610 (Tenant remedies — landlord noncompliance).
• S.C. Code § 27-40-630 (Tenant remedies — essential services).
• S.C. Code § 27-40-640 (Damages and injunctive relief).
• S.C. Code § 27-40-660 (Self-help eviction prohibited; 3 months rent or 2x damages, whichever is greater).
• S.C. Code § 27-40-710 (Predicate notice; strict compliance).
• S.C. Code § 27-40-770 (Periodic tenancy notice).
• S.C. Code § 27-40-910 (Retaliation).
• S.C. Code § 22-3-10 (Magistrate civil jurisdiction; $7,500 cap).
• S.C. Code §§ 31-21-10 et seq. (South Carolina Fair Housing Law).
• 42 U.S.C. §§ 3601 et seq. (federal Fair Housing Act).
• 50 U.S.C. § 3931, § 3951 (Servicemembers Civil Relief Act).
• 24 C.F.R. §§ 247.3, 880.607, 966.4 (HUD good-cause requirements).
• 7 C.F.R. § 3560.159 (USDA-RD good-cause requirements).
• DMDC SCRA Status Lookup: https://scra.dmdc.osd.mil/
• South Carolina Magistrate Court Civil Forms: https://www.sccourts.org/forms/
• South Carolina Judicial Branch: https://www.sccourts.org/
• South Carolina Legal Services: https://www.sclegal.org
• South Carolina Appleseed Legal Justice Center: https://www.scjustice.org
• South Carolina Human Affairs Commission (Fair Housing complaints): https://schac.sc.gov

END OF TENANT'S ANSWER (SOUTH CAROLINA)