Key Points

• South Carolina’s new squatter law creates an expedited court process that allows landlords to obtain same-day removal orders against individuals unlawfully occupying residential property.
• The law strengthens landlords’ rights during eviction appeals by requiring tenants to remain current on rent payments or risk automatic dissolution of the stay and removal from the property. 
• New criminal penalties target squatting-related misconduct, including unlawful occupancy, violations of court removal orders, and fraudulent rental or property listing schemes.

Enhanced Legal Tools

South Carolina landlords and property managers now have significantly enhanced legal tools to remove squatters from residential properties and prevent tenants from abusing the appeals process to delay evictions.

On June 30, 2026, Gov. Henry McMaster signed the bill and the law took effect immediately.

Fast-Track Removal of Squatters
The law creates an expedited court process specifically designed to help landlords and property owners remove individuals who are unlawfully occupying residential properties — commonly known as “squatters.” Property owners can now file a verified petition with the magistrate court and obtain an ex parte removal order the same day, without waiting weeks or months for a traditional ejectment action to proceed.

To use this expedited process, landlords must demonstrate that the occupant has no lease agreement (current or former), entered without permission, is not an immediate family member, and has refused to leave after being told to vacate. The court must hold a hearing within 24 hours of the petition filing. Once an order is issued, the sheriff or other authorized enforcement official will remove the occupant and may assist in changing locks and removing the occupant’s belongings.

Important Limitation
This expedited process is available only for true squatters — individuals with no legal right to occupy the property. It cannot be used against current or former tenants who are protected under the South Carolina Residential Landlord and Tenant Act. For those situations, landlords must continue to use the standard ejectment process.

Closing the Eviction Appeals Loophole

Landlords have long faced a frustrating problem in which tenants file appeals solely to remain in the property rent-free while the case languished in court. Under the old law, a tenant could stay an eviction simply by signing an undertaking to pay rent — with little enforcement if they failed to do so. The new law closes this loophole.

Now, tenants who want to stay during an appeal must file an affidavit promising to pay rent as it becomes due. If a tenant misses a payment by more than five days, the stay automatically dissolves, the appeal on possession must be dismissed, and the sheriff can proceed with the eviction. Landlords no longer need to wait years for appellate courts to resolve frivolous appeals. Tenants must pay or leave.

Criminal Penalties to Deter Bad Actors
The law creates new criminal penalties meant to deter squatting and related fraud. Unlawfully occupying a dwelling and causing $1,000 or more in damage is now a felony (up to five years). Violating a court removal order is also a felony (up to three years). Fraudulently listing or renting property without authority — a scam that has victimized both property owners and prospective tenants — is now a misdemeanor.

Provisions for RV Park Operators
RV park operators also benefit from new provisions allowing them to remove disruptive or non-paying guests, with law enforcement authorized to assist. Grounds for removal include failure to pay rent, drug activity, disturbing other guests, or violating park rules.

Takeaways for Landlords and Property Managers

Landlords and property managers should update their internal procedures to take advantage of these new remedies.

When confronting a squatter situation, consider using the new expedited removal process rather than a traditional ejectment action. When tenants appeal ejectment judgments, ensure they comply with the affidavit requirement — and promptly seek dissolution of the stay if they miss a rent payment.

Remember that proper documentation of the landlord-tenant relationship (or lack thereof) is critical to utilizing these new tools effectively.

For guidance in implementing these new procedures or questions about how the law applies to your properties, please contact Kevin McCarrell at kmccarrell@foxrothschild.com.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.