S.C. Code Ann. § 27-37-40
Tenant ejected on failure to show cause
Operative Text
If the tenant fails to appear and show cause within the aforesaid ten days then the magistrate shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county.
Under S.C. Code Ann. § 27-37-40, if a tenant does not appear before the magistrate and present a legal defense within the ten-day period established by the preceding notice, the magistrate is required to issue a warrant of ejectment. That warrant authorizes a constable or the county sheriff to physically remove the tenant from the property. The provision leaves no discretion to the magistrate once the deadline passes without a tenant appearance.
Plain English — not legal advice.
S.C. Code Ann. § 27-37-40 describes the outcome landlords seek at the end of a summary ejectment proceeding: a magistrate-issued warrant of ejectment carried out by law enforcement. Compliant operators generally follow the statutory notice and filing steps that precede this stage, allow the ten-day response window to run its course, and then rely on the constable or sheriff—not self-help measures—to execute any resulting warrant. Acting outside this court-supervised process, such as changing locks or removing belongings without a warrant, falls outside the framework this provision establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-37-40 makes clear that appearing before the magistrate within the ten-day window is the mechanism the law provides for contesting an ejectment. Tenants who miss that deadline lose the opportunity to present defenses at that stage, and the magistrate must then issue the warrant. Tenants facing ejectment proceedings may wish to contact a local legal aid organization or tenant-rights group to understand what defenses or procedural options may be available before the ten-day period expires.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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