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

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. Subject-matter jurisdiction lies in this Court under S.C. Code § 27-37-20 (magistrate jurisdiction over ejectment of tenants) and § 22-3-10 (magistrate civil jurisdiction up to $7,500 for the associated money claim).

2.5. Venue is proper in this Court because the Premises are located in [COUNTY] County, South Carolina, S.C. Code § 27-37-20.

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 — 5-Day Notice (S.C. Code § 27-40-710). Tenant failed to pay rent for the rental period(s) of [MONTH/YEAR] through [MONTH/YEAR], in the total amount of $[________]. On [__/__/____], the Landlord served a written 5-Day Notice to Pay Rent or Quit on the Tenant by [METHOD]. A true and correct copy of the Notice and proof of service is attached as EXHIBIT B. Tenant has not paid the rent within five (5) days, and the cure period has expired.

☐ 4.B. MATERIAL NONCOMPLIANCE — 14-Day Notice (S.C. Code § 27-40-710). Tenant materially breached the Lease by [DESCRIBE — e.g., harboring an unauthorized pet in violation of Lease § ___; conducting business activity in violation of Lease § ___; causing willful damage to the Premises]. On [__/__/____], the Landlord served a written 14-Day Notice to Cure or Quit on the Tenant by [METHOD]. A true and correct copy of the Notice and proof of service is attached as EXHIBIT B. Tenant has failed to cure within fourteen (14) days, and the cure period has expired.

☐ 4.C. PERIODIC TENANCY TERMINATION — 30-Day / 7-Day Notice (S.C. Code § 27-40-770). On [__/__/____], the Landlord served a written [30-day / 7-day] Notice to Terminate Periodic Tenancy on the Tenant by [METHOD], specifying a termination date of [__/__/____]. A true and correct copy of the Notice and proof of service is attached as EXHIBIT B. The termination date has passed, and Tenant remains in possession.

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

☐ 4.E. CUMULATIVE-NOTICE LEASE PROVISION (S.C. Code § 27-40-710(B)). The Lease contains, in conspicuous language, the statutory rent-default warning, and the Landlord previously served a 5-day notice on [__/__/____]. Accordingly, no separate written notice is required for this default. 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(1)).

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

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

5.4. All conditions precedent under S.C. Code §§ 27-40-710 and/or 27-40-770 (as applicable) 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 damages, all within the magistrate's $7,500 civil jurisdiction (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 or to show sufficient cause, that the Court issue a WRIT OF EJECTMENT under S.C. Code §§ 27-37-40 and 27-37-160, directing the constable, special constable, or sheriff to remove Tenant and place Plaintiff in possession of the Premises;

C. Money judgment against Tenant for unpaid rent, late fees, damages to the Premises, and continuing rent through the date of judgment under S.C. Code § 27-37-150, in an amount within the magistrate's $7,500 civil jurisdiction;

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

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:

11.1. I have caused a search of the Department of Defense Manpower Data Center (https://scra.dmdc.osd.mil/) to be conducted regarding the military status of Defendant [TENANT NAME], with the following results:

☐ Defendant is NOT in active military service. SCRA report attached as EXHIBIT D.

☐ Defendant IS in active military service. SCRA report attached as EXHIBIT D. Plaintiff requests the Court appoint counsel for the absent servicemember and consider any application for stay under 50 U.S.C. § 3932.

☐ Military status of Defendant cannot be determined. Plaintiff requests the Court take such steps as are necessary to protect the rights of any servicemember Defendant under the SCRA.

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 — Predicate Notice (5-day / 14-day / 30-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 filing, the magistrate issues a written Rule to Vacate or Show Cause (§ 27-37-20). The Rule is served on the Tenant by a constable or by another method authorized in § 27-37-30. The Tenant has ten (10) days from service to vacate or appear and show cause.

13.2. Service mechanics (§ 27-37-30). Personal service follows the same rules as for summons in common pleas or magistrate civil cases. Where the premises are abandoned (15+ days) or two service attempts (separated by minimum 48 hours and 8 hours) have failed, alternative service is authorized. Service by ordinary mail requires clerk verification on the record before it is complete; unsworn mailing alone is insufficient.

13.3. Default ejectment (§ 27-37-40). If Tenant fails to appear within the 10-day window, the magistrate "shall issue a warrant of ejectment." Default is procedurally simpler but still requires proof that all underlying notices and SCRA requirements were satisfied.

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). Rent accrues at the contract rate during the pendency of the action. The Landlord's acceptance of rent during the action does not waive ejectment rights or extend the tenancy.

13.6. Writ execution (§ 27-37-160). Once issued, the writ is served by a constable or sheriff. The officer must give Tenant 24 hours to vacate voluntarily before forcibly removing Tenant. Officers may force entry by the "least destructive means possible" after posting notice.

13.7. Appeal (§ 27-37-130). Either party may appeal to Circuit Court. To stay execution of the writ pending appeal, the Tenant must file an appeal bond within FIVE (5) DAYS after service of notice of appeal. Failure to file the bond within five days results in dismissal of the appeal.

13.8. Magistrate $7,500 cap. For money claims above $7,500, the Landlord may either (a) reduce the claim to fit the magistrate cap, (b) split the claims by filing ejectment in magistrate's court and the larger damages claim in Circuit Court, or (c) file the entire action in Circuit Court (bench trial unless jury demanded).

13.9. Habitability defense. Tenant defenses include landlord's breach of warranty of habitability under S.C. Code § 27-40-440 and the rent-deduction remedy under § 27-40-630 (essential services). Landlord should plead a clean record of compliance and attach inspection or maintenance records where habitability is anticipated as an issue.

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. S.C. Code § 27-40-660 prohibits lockouts, utility shutoffs, and forcible removal outside of a magistrate's writ. Tenant remedies include three months' rent or twice actual damages, whichever is greater, plus attorney's fees. The landlord must wait for the writ.

13.12. Mobile home parks (Ch. 27-47). Manufactured-home park lot tenancies have separate ejectment procedures.

13.13. Federally assisted housing. HUD, USDA-RD, LIHTC, and HCV programs impose additional pre-eviction notice and good-cause requirements. Plead them affirmatively where applicable.

13.14. Local protections. Charleston, Columbia, and Greenville have housing-code and source-of-income enforcement programs that interact with retaliation defenses. Confirm any local ordinances 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 (Appeal bond; 5-day filing).
• 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 civil jurisdiction; $7,500 cap).
• S.C. Code Ch. 27-47 (Manufactured Home Park Tenancy Act).
• 50 U.S.C. § 3931 (Servicemembers Civil Relief Act — default judgment protection).
• 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)