Application for Ejectment / Rule to Vacate or Show Cause (Landlord Eviction Complaint) — South Carolina

APPLICATION FOR EJECTMENT / RULE TO VACATE OR SHOW CAUSE — SOUTH CAROLINA

Before filing: Use the South Carolina Judicial Branch's Application for Ejectment, SCCA 732, to apply to the magistrate court; check the receiving court's current form and filing directions. This template can help collect facts for that application, but is not a substitute for the court form. The magistrate issues the separate Rule to Vacate or Show Cause under S.C. Code § 27-37-20.

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Rental Agreement
4. Predicate Notice
5. Grounds for Ejectment
6. Damages and Money Demand
7. Prayer for Relief
8. Demand for Trial by Jury (if applicable)
9. Verification
10. Signature and Service Blocks
11. Servicemembers Civil Relief Act Affidavit
12. Exhibits
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
[ ___ ] MAGISTRATE DIVISION / OFFICE

CIVIL ACTION FILE NO. [________________________________]

APPLICATION FOR EJECTMENT AND REQUEST FOR ISSUANCE OF RULE TO VACATE OR SHOW CAUSE
(S.C. Code §§ 27-37-10, 27-37-20)

Plaintiff, complaining of Defendant(s), respectfully alleges and says:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord") is the owner / lessor of the rental premises described below and is a citizen and resident of (or, if a business entity, organized under the laws of) [STATE], with a principal place of business at [ADDRESS].

2.2. Defendant [TENANT NAME] ("Tenant") is, on information and belief, a citizen and resident of [COUNTY], South Carolina, and is in possession of the rental premises described below.

2.3. The rental premises are residential premises located at [FULL STREET ADDRESS, UNIT, CITY, ZIP], in [COUNTY] County, South Carolina (the "Premises").

2.4. Court authority. S.C. Code § 27-37-20 directs a magistrate having jurisdiction to issue the Rule to Vacate or Show Cause; it does not independently define subject-matter or territorial jurisdiction. Plaintiff invokes the Chapter 27-37 ejectment route and separately relies on the current jurisdictional authority identified for this court and any associated money claim: [CITE AND EXPLAIN].

2.5. Territorial jurisdiction and venue are proper because [STATE FACTS AND CITE CURRENT AUTHORITY]. Section 27-37-20 does not itself state a premises-county venue rule.

2.6. The tenancy is a residential tenancy governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code §§ 27-40-10 et seq.

3. THE RENTAL AGREEMENT

3.1. On or about [__/__/____], the parties entered into a [written / oral] rental agreement (the "Lease") for the Premises. A true and correct copy of the written Lease, if any, is attached as EXHIBIT A.

3.2. The Lease provides for:

3.3. Tenant took possession of the Premises on or about [__/__/____] and is now in possession.

4. PREDICATE NOTICE

The Landlord has provided all notice required by South Carolina law as a condition precedent to ejectment, as follows (check the applicable box):

☐ 4.A. NONPAYMENT — Separate Written Notice (S.C. Code § 27-40-710(B)). Rent was due on [__/__/____] and remains unpaid in the amount of $[________]. The five-day period measured from the rent due date expired on [__/__/____]. On [__/__/____], Landlord gave the separate written nonpayment-and-intended-termination notice under §§ 27-40-710(B) and 27-40-240(B), or relies on one earlier qualifying notice given on [__/__/____]. A copy and proof of delivery or mailing are attached as EXHIBIT B. Use 4.E instead if relying on the lease's conspicuous statutory clause.

☐ 4.B. MATERIAL NONCOMPLIANCE — 14-Day Notice (S.C. Code § 27-40-710(A)). Tenant breached the Lease by [IDENTIFY THE TERM AND FACTS], within subsection (A)'s route rather than its excluded nonpayment, health-and-safety or physical-condition, or § 27-40-540 routes. On [__/__/____], the Landlord gave a written notice specifying the acts or omissions and a termination date at least fourteen days after receipt, by [METHOD]. A copy and proof of service are attached as EXHIBIT B. Tenant did not adequately remedy the breach before the termination date and, if the remedy could not be completed within fourteen days, did not timely commence and pursue it in good faith to completion within a reasonable time.

☐ 4.C. PERIODIC TENANCY TERMINATION — 30-Day / 7-Day Notice (S.C. Code § 27-40-770). Tenant occupied under a [month-to-month / week-to-week] agreement. On [__/__/____], the Landlord gave a written notice under subsection [(b) / (a)] at least [30 / 7] days before its stated termination date, [__/__/____], by [METHOD]. A copy and proof of service are attached as EXHIBIT B. The termination date has passed, and Tenant remains without the Landlord's consent.

☐ 4.D. HOLDOVER AFTER FIXED TERM (S.C. Code § 27-37-10(A)(2)). The fixed-term Lease expired by its terms on [__/__/____]. Tenant has remained in possession after expiration without the Landlord's consent.

☐ 4.E. STATUTORY LEASE-NOTICE PROVISION (S.C. Code § 27-40-710(B)). The written Lease contains the statutory or substantially equivalent conspicuous rent-default warning that satisfies the subsection's notice requirement. EXHIBIT C is the relevant Lease provision.

5. GROUNDS FOR EJECTMENT

Pursuant to S.C. Code § 27-37-10, Plaintiff is entitled to ejectment because (check all that apply):

☐ 5.1. Failure to pay rent when due or when demanded (§ 27-37-10(A)(1)).

☐ 5.2. The term of tenancy or occupancy has ended (§ 27-37-10(A)(2)).

☐ 5.3. The terms or conditions of the Lease have been violated (§ 27-37-10(A)(3)). Specifically: [DESCRIBE WITH PARTICULARITY]

5.4. All notice and termination conditions applicable to the selected ground have been satisfied.

5.5. Tenant remains in possession without right.

5.6. Plaintiff is entitled to possession of the Premises and to the issuance of a Rule to Vacate or Show Cause requiring Tenant to vacate the Premises forthwith or to appear before the Court within ten (10) days after service to show cause why Tenant should not be ejected, pursuant to S.C. Code § 27-37-20.

6. DAMAGES AND MONEY DEMAND

Plaintiff claims the following amounts, subject to the court's jurisdiction over each claim and any applicable limit under S.C. Code § 22-3-10:

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for the following relief:

A. That the Court issue a written RULE TO VACATE OR SHOW CAUSE under S.C. Code § 27-37-20, requiring Tenant to vacate the Premises forthwith or to appear before the Court within ten (10) days after service to show cause why Tenant should not be ejected;

B. Upon Tenant's failure to appear and show cause within the ten days allowed by § 27-37-40, that the Court issue a WARRANT OF EJECTMENT for execution under § 27-37-160; if Tenant appears and contests, that the Court hear and decide the case under § 27-37-60;

C. Money judgment against Tenant for amounts pleaded and proven under the lease and applicable law, within this court's jurisdiction; § 27-37-150 addresses rent accruing after issuance of the rule to vacate or show cause while the tenant remains in possession;

D. Court costs and fees;

E. Reasonable attorney's fees to the extent authorized by the Lease or by South Carolina statute;

F. Such other and further relief as the Court deems just and proper.

8. DEMAND FOR TRIAL BY JURY (IF APPLICABLE)

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

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

9. VERIFICATION

STATE OF SOUTH CAROLINA
COUNTY OF [_____________]

[NAME OF AFFIANT], being duly sworn, deposes and states:

I am the [Plaintiff / authorized agent of Plaintiff / property manager] in the above-captioned action. I have read the foregoing Application for Ejectment, and the factual statements contained therein are true and correct to the best of my knowledge, information, and belief.

Signature: ____________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Date: [__/__/____]

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

Notary Public for South Carolina

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[ NOTARY SEAL ]

10. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

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

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

Date: [__/__/____]

ADDRESS FOR SERVICE OF DEFENDANT(S):
[STREET ADDRESS / UNIT]
[CITY, SC ZIP]

11. SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT (IF DEFAULT JUDGMENT IS SOUGHT)

STATE OF SOUTH CAROLINA
COUNTY OF [_____________]

I, [NAME OF AFFIANT], being duly sworn, depose and state pursuant to the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, if Defendant has not appeared and default judgment is sought:

11.1. I have reviewed the attached Department of Defense Manpower Data Center report or other identified supporting facts concerning the military status of Defendant [TENANT NAME]: [IDENTIFY REPORT DATE OR FACTS].

☐ Defendant is NOT in military service. Supporting facts or report attached as EXHIBIT D.

☐ Defendant IS in military service. Supporting facts or report attached as EXHIBIT D. Plaintiff requests the Court apply 50 U.S.C. § 3931 before any default judgment and determine separately whether § 3951 governs the requested eviction.

☐ Defendant's military status cannot be determined after [DESCRIBE EFFORTS]. Plaintiff requests the Court apply § 3931 before default judgment.

11.2. I make this affidavit under penalty of perjury under the laws of South Carolina.

Signature: ____________________________________
Printed Name: [________________________________]
Date: [__/__/____]

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

Notary Public for South Carolina
[ NOTARY SEAL ]

12. EXHIBITS

EXHIBIT A — Lease Agreement dated [__/__/____]

EXHIBIT B — Applicable Predicate Notice (nonpayment / breach / 30-day / 7-day) and Proof of Service

EXHIBIT C — Lease cumulative-notice provision (if relied upon under § 27-40-710(B))

EXHIBIT D — SCRA Status Report

EXHIBIT E — Ledger / accounting of unpaid rent and charges

EXHIBIT F — Photographs / inspection reports / other supporting documentation

13. SOUTH CAROLINA PRACTICE NOTES

13.1. Magistrate's Court mechanics. Upon the landlord's application, a magistrate having jurisdiction issues a written Rule to Vacate or Show Cause (§ 27-37-20). Service follows § 27-37-30. The Tenant must vacate forthwith or show cause before the magistrate within ten days after service, subject to the special completion rule for alternative posting-and-mailing service.

13.2. Service mechanics (§ 27-37-30). Ordinary service follows summons rules. Abandonment posting under subsection (B) requires that no person be found in possession and the premises have remained abandoned for at least fifteen days immediately before service. Subsection (C)'s posting-and-mailing route requires two documented unsuccessful attempts at least forty-eight hours apart and at times of day at least eight hours apart, proper posting, and clerk-verified mailing. If those requirements are met, service is complete after ten days from mailing and the tenant's show-cause time begins on day eleven, unless the tenant contacts the court earlier.

13.3. Default ejectment (§ 27-37-40). If Tenant fails to appear and show cause within the ten-day window, the magistrate shall issue a warrant of ejectment. Before entering default judgment against a nonappearing defendant, apply the military-status affidavit and, if necessary, appointed-counsel rules in 50 U.S.C. § 3931. Section 3951 separately governs covered residential evictions.

13.4. Jury trial. Either party may demand a jury (§§ 27-37-60, 27-37-80). The jury determines factual issues based on evidence at the show-cause hearing and the magistrate's instructions.

13.5. Continuing rent (§ 27-37-150). Once the court issues a Rule to Vacate or Show Cause, use-and-occupancy rent accrues at the rate prevailing immediately before the rule while Tenant remains in possession. Landlord acceptance of rent after that point does not itself waive ejectment or renew or extend the tenancy.

13.6. Writ execution (§ 27-37-160). The executing constable or deputy sheriff presents the writ and gives occupants twenty-four hours to vacate voluntarily. The section permits forceful entry, using the least destructive means possible, by a deputy sheriff, not a constable, after its conditions are met. If occupied premises receive no response, posting and another twenty-four-hour interval apply.

13.7. Appeal stay. Either party may appeal. For residential tenant ejectment, § 27-40-800(b), as amended by 2026 Act No. 252, permits a rent-payment affidavit with the circuit court or magistrate having jurisdiction in exchange for a stay; the court orders the stay once the affidavit is accepted. Section 27-37-130 still contains bond and five-day filing language. Confirm the applicable appeal and stay steps promptly.

13.8. Jurisdiction and money claims. Section 22-3-10(10) addresses landlord-tenant and possession matters separately from the $7,500 limits on specified money-claim categories. Determine the jurisdiction and proper pleading for each claim; do not treat $7,500 as a blanket ceiling or assume claims may be split without further review.

13.9. Landlord noncompliance defenses. In a nonpayment possession action, § 27-40-640 permits defenses and counterclaims under the agreement or Chapter 40, subject to its notice and waiver rules. Section 27-40-630 separately permits a tenant who gives notice of a qualifying negligent or willful essential-service failure to procure reasonable substitutes and deduct their cost, or seek diminution damages, after the landlord fails to act within a reasonable time. Review the actual facts before pleading a response.

13.10. Retaliation defense. S.C. Code § 27-40-910 prohibits retaliation. Where the tenant has recently complained to a code-enforcement authority or to the landlord regarding RLTA violations, the landlord should be prepared to show legitimate, non-retaliatory grounds.

13.11. Self-help bar. Section 27-40-660 remedies unlawful exclusion or willful interruption of essential services with possession recovery or termination, the greater of three months' periodic rent or twice actual damages, and reasonable attorney's fees. An application alone does not authorize eviction; use the court process unless a separate lawful abandonment or surrender route applies.

13.12. Mobile home parks (Ch. 27-47). Qualifying lot tenancies in manufactured-home parks with at least five lots offered for rent or lease have distinct rules; verify that Act before using this form.

13.13. Federally assisted housing. Identify the specific program, lease, and current governing notice and termination rules before using this form.

13.14. Local requirements. Confirm any applicable local housing rule before filing.

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 § 27-37-10 (Grounds for ejectment).
• S.C. Code § 27-37-20 (Rule to vacate or show cause; 10-day window).
• S.C. Code § 27-37-30 (Service of rule).
• S.C. Code § 27-37-40 (Default ejectment).
• S.C. Code §§ 27-37-60, 27-37-80 (Jury trial).
• S.C. Code § 27-37-130 (bond text; read with 2026 Act No. 252's § 27-40-800 amendment).
• S.C. Code § 27-37-150 (Continuing rent; non-waiver).
• S.C. Code § 27-37-160 (Writ of ejectment; 24-hour vacate window).
• S.C. Code § 27-40-410 (Security deposit; 30-day return; 3x damages).
• S.C. Code § 27-40-440 (Landlord obligations / warranty of habitability).
• S.C. Code § 27-40-660 (Self-help eviction prohibited; tenant remedies).
• S.C. Code § 27-40-710 (Notice of nonpayment / material noncompliance).
• S.C. Code § 27-40-770 (Periodic tenancy termination).
• S.C. Code § 27-40-910 (Retaliatory conduct prohibited).
• S.C. Code § 22-3-10 (Magistrate jurisdiction and category-specific money-claim limits).
• S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act).
• 50 U.S.C. § 3931 (Servicemembers Civil Relief Act — default judgment protection).
• 50 U.S.C. § 3951 (Servicemembers Civil Relief Act — covered residential eviction).
• DMDC SCRA Status Lookup: https://scra.dmdc.osd.mil/
• South Carolina Magistrate Court Civil Forms (SCCA series): 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

END OF EVICTION COMPLAINT (SOUTH CAROLINA)