When a landlord sues a tenant for unpaid rent, South Carolina law allows them to pursue both removal from the property and a money judgment for what is owed, often in a single Magistrate Court filing. Matejka Law LLC helps property owners enforce their rights and move forward.
When a Rental Dispute Calls for a Landlord-Tenant Attorney
Missed payments aren’t always a simple matter. When a tenant disputes the balance, raises habitability claims, or files a counterclaim, an experienced attorney can help you navigate notice requirements and court filings to prepare for efficient post-judgment collection. Legal guidance before filing prevents procedural errors that reset your timeline.
If unpaid rent has become a serious issue, speaking with a landlord-tenant attorney in Greenville, South Carolina, can help you assess your options and protect your investment.
Legal Remedies You Can Seek for Unpaid Rent
Landlord rights in South Carolina are governed by the state Residential Landlord and Tenant Act. For claims under $7,500, landlords can pursue both eviction and back rent in one Magistrate Court action to recover:
- Unpaid rent
- Court-authorized late fees
- Property damage beyond normal wear
- Court costs
An order called a Writ of Ejectment removes the tenant from the property. A separate money judgment opens options for collection through wage garnishment and bank account levies.
How the Rent Due Date and Five-Day Rule Start the Process
South Carolina has no statutory grace period. Payments are deemed late immediately after the rent due date in the lease. For residential properties, landlords must give tenants five days after the due date to pay before initiating an eviction case. If the tenant pays during that time, the landlord must accept payment and cannot proceed with eviction.
What Legal Action for Unpaid Rent Involves
Once the five-day grace period passes, the landlord can file an Application for Ejectment in Magistrate Court. The court issues a Rule to Show Cause that is served on the tenant, who has 10 days to respond.
At the hearing, the court will review the signed lease and the evidence of non-payment. If the court rules for the landlord, it issues a Writ of Ejectment and a money judgment.
How a Rent Collection Lawsuit Leads to Recovery
A rent collection lawsuit results in a judgment, but collection requires additional steps. South Carolina judgments are valid for 10 years. The clerk’s office facilitates collection through wage garnishment and bank levies. The court may also authorize the landlord to apply the security deposit against the judgment.
Talk To Matejka Law LLC About Your Claim for Unpaid Rent
When a landlord sues a tenant for unpaid rent without following the proper procedures, even a solid case can stall out. Procedural errors reset your timeline, and courts offer little flexibility once mistakes enter the record.
Matejka Law LLC represents South Carolina landlords in eviction proceedings, rent recovery, and cases where a landlord needs to sue a tenant for damages beyond unpaid rent. Our Greenville team is ready to review your situation and help you take the right steps.
Call (864) 527-6800 or contact us online to schedule a consultation.
