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South Carolina Eviction Defense

Facing eviction? You have the right to respond, and the clock is short. Learn how to fight an eviction in South Carolina Magistrate Court, including required SCCA/703 forms, 10-day deadlines, and legal defenses.

Introduction

Submitting a formal responsive pleading, known as an eviction defense, is mandatory when a landlord files an eviction action. Processing this documentation prevents a default judgment. In South Carolina, tenants must strictly observe statutory timelines. Tenants must formally file counterarguments regarding deferred maintenance, unacknowledged payments, or procedural errors to ensure the court grants a review before finalizing a writ of ejectment.

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Key Things to Know

  1. 1

    Responding to an eviction lawsuit is known as filing an answer or eviction defense, which formally contests the landlord's claims and demands a hearing.

  2. 2

    Tenants in this state have a strict 10 days to file their written response after receiving the Rule to Vacate or Show Cause.

  3. 3

    All residential eviction cases take place in the local Magistrate Court located in the county where the rental property sits.

  4. 4

    The official paperwork required to formally reply is Form SCCA/703, which you must complete and file with the court clerk.

  5. 5

    Tenants can raise affirmative defenses under SECTION 27-40-640, which allows you to fight possession if the landlord fails to maintain a habitable dwelling.

  6. 6

    Failing to meet the strict ten-day deadline typically results in a default judgment, meaning law enforcement can proceed with removing you from the property.

  7. 7

    If a tenant uses a landlord's noncompliance as a defense, the judge may order the tenant to pay rent into the court registry until the dispute is resolved.

Key decisions before you file

Before you file a Eviction Defense in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Eviction Defense guide walks through them.

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South Carolina Requirements for Eviction Defense

  • Tenant Identification

    Full legal name, contact information, and current residential address of the tenant.

  • Landlord Details

    Landlord or management company name exactly as listed on the complaint.

  • Court Information

    Specific Magistrate Court precinct and county handling the housing dispute.

  • Case Designation

    The assigned civil action number found on the Rule to Vacate or Show Cause.

  • Form Selection

    Confirmation that the correct Form SCCA/703 is being prepared and utilized.

  • Statutory Defenses

    Specific selection of SECTION 27-40-640 regarding landlord noncompliance, if applicable.

  • Factual Rebuttals

    Detailed explanation of maintenance failures, paid rent, or improper notice.

  • Verification Signature

    Tenant signature confirming all statements are true under penalty of perjury.

Frequently Asked Questions

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