S.C. Code Ann. § 27-39-210
Commencement of proceedings for collection of rent by distress
Operative Text
A landlord may enforce collection of rent due by distress in the following manner, to wit: Any magistrate having jurisdiction over the district in which the premises occupied are situate may issue, upon receipt of an affidavit of the landlord or his agent setting forth the amount of rent due, a notice directed to the tenant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. Such notice, together with a copy of the affidavit, shall be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint or (c) the sheriff of the county for enforcement. Such officer shall forthwith serve a copy of the notice and affidavit on the tenant by delivering the copies to him personally, or if he cannot be found, to any agent of the tenant in whose possession the property sought to be distrained is located. If neither the tenant nor any agent of the tenant can be found, the tenant may be served by leaving such copies at the tenant's place of business or at the rented premises with some person of suitable age and discretion. If, after reasonable search, the tenant cannot be located in the county, no person can be found in possession of the rented premises, and the premises have been abandoned for a period of fifteen days or more immediately prior to the date of service, the copies of the affidavit and notice may be served by leaving them affixed to the most conspicuous part of the premises and by delivering them to the clerk of court of the county in which the premises are located. If the premises have been abandoned for fifteen days immediately prior to the date of service, the tenant shall be deemed to have appointed the clerk of court as his agent for acceptance of service of the notice and affidavit.
Under S.C. Code Ann. § 27-39-210, South Carolina law provides a formal legal process — called distress — through which a landlord may pursue collection of unpaid rent. The process begins when a magistrate receives a sworn affidavit stating the amount of rent owed and then issues a notice to the tenant specifying that amount and scheduling a predistress hearing no sooner than five days after the tenant is served. The notice and affidavit must be delivered by a constable or sheriff, with specific rules governing how service is accomplished depending on whether the tenant can be located, including special provisions for abandoned premises.
Plain English — not legal advice.
Landlords in South Carolina who wish to use the distress process under § 27-39-210 generally begin by submitting a sworn affidavit to the local magistrate that accurately states the amount of rent owed. A compliant operator ensures that the affidavit is complete and truthful, since it forms the legal foundation for the magistrate's notice and the subsequent predistress hearing. Property managers should be aware that the law sets strict procedural requirements for how and when the tenant must be served, and that different service methods apply depending on whether the tenant is present, represented by an agent, or has abandoned the premises for fifteen or more days.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-39-210, tenants have the right to receive formal notice — including a copy of the landlord's sworn affidavit — and to have a predistress hearing scheduled at least five days after that notice is served before any distress action can proceed. If a tenant believes the stated rent amount is incorrect or that proper procedures were not followed, that concern can generally be raised at the predistress hearing before the magistrate. Tenants who have questions about the distress process or their rights within it may find it helpful to contact a local tenant-rights organization or legal aid office familiar with South Carolina landlord-tenant law.
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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