South Carolina Squatter Removal Law 2026: Ex Parte Process, Rent Affidavit on Appeal
by Platuni | 05 Oct, 2026 | 5 mins read
Platuni
05 October, 2026
5 mins read
1. Why this process exists as a narrow, specific tool
Act 252 creates a fast ex parte removal process specifically for occupants who were never tenants and never had any lease relationship with the owner.
[Cite: H.3387, Act No. 252 of 2026]
A property owner facing someone who broke into a vacant house, or who overstayed a short-term arrangement with no lease, now has a court process built for that exact situation, rather than being funneled into a standard eviction case designed for a landlord-tenant dispute that was never present here.
2. What the petition has to establish before a court will act
The petition must affirm the petitioner owns or represents the owner, the property is a residential dwelling, the occupant entered and remains without permission, the owner already told the occupant to leave and was refused, the property has no lease, the occupant isn't a current or former tenant, the occupant isn't an immediate family member, and no litigation over the property is already pending.
[Cite: H.3387, Act No. 252 of 2026]
Every one of those elements has to be true and sworn to; a petition missing any one of them, particularly the tenant and lease exclusions, doesn't qualify for this expedited track and should be handled through standard eviction procedure instead.
3. Why the tenant exclusion is the single most important line in this law
The petition must specifically affirm that the property has not been leased and that the occupant is not a current or former tenant.
[Cite: H.3387, Act No. 252 of 2026]
That exclusion is what keeps this process from becoming a shortcut around standard eviction protections; a landlord with an actual tenant, even one who stopped paying rent months ago or whose lease expired, can't use this ex parte process to skip the eviction case that tenant is still entitled to.
4. How quickly a court is expected to act once a qualifying petition is filed
Once the petition establishes the required facts, the court must immediately issue an ex parte order directing removal, with a hearing generally required within 24 hours unless good cause justifies delay.
[Cite: H.3387, Act No. 252 of 2026]
That speed is the entire point of the law; a property owner dealing with a genuine squatter situation isn't expected to wait through a multi-week court calendar the way a standard eviction case might require.
5. Who actually carries out the removal
After a court issues the ex parte order, the sheriff or a constable in the relevant jurisdiction enforces it.
[Cite: H.3387, Act No. 252 of 2026]
An owner can't personally remove an occupant's belongings or change the locks while someone is still inside based solely on the court order; law enforcement execution is still the required final step, which keeps the process from becoming a license for owners to act unilaterally.
6. What happens to someone wrongfully removed under this process
A person removed without just cause can sue for restoration of possession, damages, court costs, and statutory damages of $1,000.
[Cite: H.3387, Act No. 252 of 2026]
That remedy is the law's built-in check against misuse; a property owner who files a petition containing false statements, naming someone as a non-tenant squatter when they actually had a lease or family relationship, faces real financial exposure if that misrepresentation comes out.
7. Why the law also separately touches standard eviction appeals
Beyond the ex parte removal track, Act 252 amends how a tenant can stay execution of an ejectment judgment while appealing it to circuit court.
[Cite: H.3387, Act No. 252 of 2026; S.C. Code 27-40-780]
That's a different piece of the law entirely, aimed at tenants going through the ordinary eviction process rather than non-tenant occupants facing ex parte removal; a property manager should understand these as 2 separate provisions inside the same act, not one combined process.
8. What the rent affidavit requirement actually does for an appealing tenant
On appeal to circuit court, a tenant may file an affidavit promising to pay the landlord the rent amount the magistrate determines, as it becomes due periodically after judgment, in exchange for a stay of the ejectment's execution.
[Cite: S.C. Code 27-40-780, as amended by Act No. 252 of 2026]
That gives a tenant a concrete path to remain in the unit while an appeal is pending, but it's conditional; the stay depends on the tenant actually keeping up with the ongoing rent payments the affidavit commits them to.
9. Why missing a payment under the affidavit matters
If a tenant who filed this affidavit fails to make the required periodic rent payments, the stay of execution can dissolve.
[Cite: S.C. Code 27-40-780, as amended by Act No. 252 of 2026]
A tenant relying on this provision to stay in the unit during an appeal needs to treat the affidavit as a real, ongoing obligation, not a one-time filing; a landlord facing a lapsed payment under an active affidavit has grounds to pursue ending the stay.
10. Why property owners should keep documentation precise under either track
Whether pursuing the ex parte removal process against a squatter or a standard eviction against a tenant who's appealing, a property owner's case rests heavily on the specific facts sworn to in the petition or established at the original hearing.
[Cite: H.3387, Act No. 252 of 2026]
An owner should keep clear records distinguishing a genuine non-tenant squatter situation from any arrangement that could be characterized as a lease or tenancy, since that distinction determines which legal track actually applies.
11. What property managers should do now
The practical starting point is training staff to recognize the difference between a true squatter situation, where the ex parte process may apply, and any occupant with even an informal lease history, who remains in standard eviction territory.
For eviction cases already headed to appeal, understanding the rent affidavit option under Section 27-40-780 helps a property manager anticipate whether a tenant may seek a stay, and what ongoing rent payment compliance to track if one is granted.
Frequently asked questions
When did South Carolina's squatter removal law take effect?
June 30, 2026, under House Bill 3387, Act No. 252 of 2026.
Does this ex parte process apply to tenants?
No. The petition must affirm the property has no lease and the occupant is not a current or former tenant; tenants remain under standard eviction procedure.
How fast does the ex parte removal process move?
A court must immediately issue the removal order once the petition qualifies, with a hearing generally required within 24 hours absent good cause for delay.
Who enforces the removal order?
The sheriff or a constable in the relevant jurisdiction, not the property owner directly.
What can happen if someone is wrongfully removed under this process?
They can sue for restored possession, damages, court costs, and $1,000 in statutory damages.
Did the rent affidavit provision for appealing tenants survive into the enacted law?
Yes. Act 252 amended Section 27-40-780 to let a tenant appealing an ejectment judgment file an affidavit promising ongoing rent payments in exchange for a stay of execution.
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