S.C. Code Ann. § 27-40-130
Jurisdiction and service of process
Operative Text
(a) The circuit courts and magistrate courts of this State shall exercise concurrent jurisdiction over any landlord with respect to any conduct in this State governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court of common pleas or magistrate court by the service of process in the manner provided by this section. (b) If a landlord is not a resident of this State or is a corporation not authorized to do business in this State and engaged in any conduct in this State governed by this chapter, or engaged in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this State. The agent must be a resident of this State or a corporation authorized to do business in this State. The designation must be in writing and filed with the Secretary of State. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section must be filed with the court of the county wherein the action is instituted on or before the return day of the process, if any, or within any further time the court allows.
Section 27-40-130 of the South Carolina Residential Landlord and Tenant Act establishes how courts obtain legal authority over landlords in disputes covered by the chapter. Both circuit courts and magistrate courts share the power to hear such cases. When a landlord lives outside South Carolina or is a corporation not registered to do business there, the law provides a specific chain of steps—designating a registered in-state agent, or ultimately serving process through the Secretary of State with mandatory certified-mail follow-up—to ensure the landlord can still be brought into a South Carolina court.
Plain English — not legal advice.
Under § 27-40-130, out-of-state landlords and foreign corporations that own or manage rental property in South Carolina are subject to the jurisdiction of South Carolina courts for matters arising under Chapter 40. A compliant out-of-state operator typically designates a resident agent in writing and files that designation with the Secretary of State, keeping the information current so that legal process can be properly received. Maintaining an active, reachable registered agent helps avoid the alternative service pathway through the Secretary of State, which can complicate and delay proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-130 means that a tenant in South Carolina can pursue a legal claim under Chapter 40 against a landlord in either a circuit court or a magistrate court, even if that landlord lives out of state or is a corporation not registered in South Carolina. The law provides a mechanism—service through the Secretary of State—so that an out-of-state landlord's physical absence from the state does not prevent a case from moving forward. Tenants who are unsure how to initiate or serve process in such a situation may benefit from consulting a tenant-rights organization or legal aid office familiar with § 27-40-130 procedures.
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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