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What Would You Do If a Stranger Claimed Your Rental?
You pull into the driveway of your vacant Beaufort rental and spot a car you don't recognize, new curtains in the window, and a stranger who insists they live there. Until recently, South Carolina landlords in that spot often faced a slow ejectment process that treated squatters much like tenants.
That changed this summer. South Carolina House Bill 3387, now Act No. 252, gives property owners an expedited court process to remove unlawful occupants, adds new criminal penalties, and tightens the rules for tenants who appeal an eviction.
Below, Stinger Home Management explains what the law says and how Lowcountry owners can use it. As a veteran-owned company founded in 2021, we manage rentals across Beaufort, Port Royal, Bluffton, and the greater Lowcountry.
Key Takeaways
- Fast-track removal is now law: Governor Henry McMaster signed House Bill 3387 on June 30, 2026, and it took effect that same day.
- Only true squatters qualify: The expedited process excludes current or former tenants, immediate family, and anyone in pending property litigation with the owner.
- Sheriffs handle enforcement: Once a judge grants the order, the county sheriff or a local constable removes the occupants.
- Squatting now carries criminal risk: New offenses target property damage, fake leases or deeds, and fraudulent rental or sale listings.
- Eviction appeals require ongoing rent: Tenants who appeal and want to stay in the home must sign an affidavit promising to keep paying rent.
What South Carolina House Bill 3387 Changes for Landlords
The new law creates a separate, faster path for removing people who never had a right to be in your home.
Signed and Already in Effect
House Bill 3387 cleared both chambers without a single "no" vote on its final conference report. Governor McMaster signed it on June 30, 2026, and because the act takes effect upon the governor's approval, it is already enforceable. You can read the full text on the South Carolina General Assembly's official bill page.
A New Article for Unlawful Occupants
The act adds Article 3, "Ejectment of Unlawful Occupants of a Residential Dwelling," to Chapter 37, Title 27 of the South Carolina Code. Existing ejectment rules stay in place as Article 1, so the standard eviction process for tenants still applies.
Added Tools for RV Park Operators
The law also adds Section 45-2-65, giving RV park operators clear authority to remove non-paying or disruptive guests after written notice.
Who Qualifies as an Unlawful Occupant
Eligibility is narrow by design, so knowing who fits the definition is the first step.
Under Section 27-37-200, an unlawful occupant is someone on your residential property without your permission, with no legal right to be there, and without the protections state law gives tenants.
The Facts Your Petition Must Show
Section 27-37-230 requires your verified petition to establish nine points, including that:
- You are the owner or the owner's authorized representative
- The property includes a residential dwelling and was not open to the public when the occupants entered
- You told the occupants to leave, and they refused
- The property has not been leased, and the occupants are not current or former tenants
- The occupants are not immediate family members
- No litigation over the property is pending between you and the occupants
When the Fast Track Doesn't Apply
If someone signed a lease with you, even one that has expired, the expedited process is off the table. Nonpaying tenants, holdovers, and relatives all go through traditional ejectment. Forcing those situations into the squatter process risks dismissal and potential liability.
How the Expedited Removal Process Works
The process moves quickly, but every step still runs through the court.
Filing the Verified Petition
You or your representative file a verified petition with the clerk of court or chief magistrate in the county where the property sits. Filing fees match those for a claim in the court of common pleas. For Beaufort owners, that means filing in Beaufort County.
The Ex Parte Order and Hearing
If the petition shows good cause, the court must immediately issue an ex parte order to remove the occupants, meaning the judge can act before the squatter is heard. That order takes effect when entered, and the hearing must be held within 24 hours of filing unless the court finds good cause for a delay.
Sheriff Enforcement and Changing the Locks
Once the order is granted, the county sheriff or a local constable must remove the occupants. After service, you can ask the officer to stand by, for a reasonable hourly fee, while you change the locks and move the occupants' belongings to or near the property line.
New Criminal Penalties for Squatters and Rental Scammers
Act No. 252 also adds Section 16-11-790, giving prosecutors new tools against squatters and scammers.
- Property damage: An unlawful occupant who intentionally causes $1,000 or more in damage commits a felony punishable by up to five years in prison.
- Fake listings: Advertising a home for sale, or renting it out, without legal title or authority is a misdemeanor.
- Forged documents: Presenting a fake lease, deed, or similar document to stay on a property is a misdemeanor carrying up to one year in jail.
Violating an ex parte removal order is also a felony, with up to three years in prison, a fine of up to $3,000, or both. For landlords, that means real deterrence against the rental scams that often put squatters in empty homes.
Squatting used to be a civil headache for South Carolina owners. Under Act No. 252, it can now become a criminal case.
Eviction Appeal Changes Landlords Should Know
The act amends Section 27-40-800 to keep rent flowing when a tenant appeals an eviction.
A court can no longer stay an ejectment judgment simply because an appeal was filed. To remain in the home during the appeal, the tenant must file an affidavit promising to pay rent as it comes due, in the amount the magistrate set.
If the tenant misses a payment by more than five days, you can apply to the court to dissolve the stay and dismiss the possession appeal, and the sheriff may then remove the tenant. Appeals can no longer double as months of free housing. Consistent rent collection records make that application far easier to support.
How to Protect Your Beaufort Rental From Squatters
The best squatter case is the one you never have to file.
Keep Vacant Homes Looking Occupied
Squatters target homes that look empty, so shorten vacancies and keep up appearances. Routine drive-bys, maintained landscaping, and regular property inspections and maintenance signal that someone is watching.
Avoid Self-Help Removal
Never change the locks, shut off utilities, or remove belongings before a court order. Section 27-37-300 lets anyone removed without just cause sue for restored possession, actual damages, and $1,000 in statutory damages.
A faster law rewards prepared owners. The landlord who spots trouble early and keeps clean records walks into the courthouse ready.
Frequently Asked Questions
Here are answers to the questions Lowcountry landlords ask most about the new law.
Does House Bill 3387 apply to tenants who stop paying rent?
No. The expedited process excludes current and former tenants, so nonpaying tenants still go through South Carolina's standard ejectment process.
How quickly can a squatter be removed in South Carolina?
The court issues an ex parte order immediately when the petition shows good cause, and a hearing generally follows within 24 hours of filing. Actual removal timing depends on how quickly the sheriff or constable carries out the order.
Can a property manager file the petition for me?
Yes. The statute allows an authorized agent or personal representative of the owner to file the verified petition. Many owners also involve a South Carolina attorney to make sure every required fact is properly supported.
Keep Your Lowcountry Rental Protected and Profitable
A new law is only as strong as the owner using it.
South Carolina House Bill 3387 gives Beaufort landlords a faster, clearer way to remove squatters, but it works best for owners who act quickly and keep strong records.
Stinger Home Management helps Lowcountry owners protect their homes with routine inspections, thorough resident screening, and hands-on Beaufort property management backed by our leasing and satisfaction guarantees. Call us at (843) 278-9003 or contact us to schedule your consultation today.