{"data":{"id":"us-sc/s.c.-code-ann.-27-37-230","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 27-37-230","heading":"Residential dwellings; unlawful occupants; ex parte removal order; petition; hearing; service","body":"(A) Upon the filing of a verified petition under this section, and for good cause shown in the petition, the court shall immediately issue an ex parte order to remove an unlawful occupant or occupants from property containing a residential dwelling. The assertion of sufficient evidence that the person or persons are unlawfully occupying property containing a residential dwelling shall constitute good cause for purposes of this section. The petition shall set forth the following:\n(1) the petitioner is the property owner or a representative of the property owner;\n(2) the property that is being occupied includes a residential dwelling;\n(3) an unlawful occupant or occupants have entered and remain or continue to reside on the property owner's property;\n(4) the real property was not open to members of the public at the time the unlawful occupant or occupants entered;\n(5) the unlawful occupant or occupants are occupying the property without the permission of the property owner and are not guests of the property owner nor otherwise authorized to make use of the property;\n(6) the property owner has directed the unlawful occupant or occupants to leave the property and the unlawful occupant or occupants have failed or refused to vacate the premises;\n(7) the property has not been leased to any person and the unlawful occupant or occupants are not current or former tenants of the property pursuant to any agreement with the property owner;\n(8) the unlawful occupant or occupants are not immediate family members of the property owner; and\n(9) there is no pending litigation related to the real property between the property owner and any known unlawful occupant or occupants.\n(B) An ex parte order to have the unlawful occupant or occupants removed from property containing a residential dwelling entered by the court shall take effect when entered and shall remain in effect until there is valid service of process and a hearing is held on the motion. Such hearing shall be held within twenty-four hours of filing the verified petition unless good cause is shown for a delay. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief or does not show good cause.\n(C) Failure to serve an ex parte order on the person or persons who are unlawfully occupying property containing a residential dwelling shall not affect the validity or enforceability of such order.","path":["Title 27 - PROPERTY AND CONVEYANCES","CHAPTER 37 Ejectment Proceedings","ARTICLE 3 Ejectment of Unlawful Occupants of a Residential Dwelling"],"source_url":"https://www.scstatehouse.gov/code/t27c037.php","current_through":"2026 Session of the General Assembly","vintage":"","retrieved_at":"2026-10-25T03:29:30Z","sha256":"8151af0e0614754f01e0d7af18684cba5ed006c9007ec541586309d9eaa87152","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-27-37-220","next":"us-sc/s.c.-code-ann.-27-37-240"},"notice":"GroundRules: Original legal text. Not legal advice."}