South Carolina’s New Anti-Squatter Law
South Carolina’s New Anti-Squatter Law Strengthens Protections for Property Owners
H. 3387 creates an expedited court process for qualifying cases involving unlawful residential occupants and adds new protections against property damage and real estate fraud.
South Carolina property owners now have a new legal remedy for certain cases involving people who unlawfully occupy residential property.
Governor Henry McMaster signed H. 3387 on June 30, 2026. The legislation became Act 252 of 2026 and took effect the same day. The final version received unanimous approval from both chambers of the South Carolina General Assembly.
Commonly described as South Carolina’s new “anti-squatter law,” the legislation uses the more precise term “unlawful occupant.” Under the law, an unlawful occupant is someone who occupies or trespasses on property containing a residential dwelling without the owner’s permission, has no other legal right to occupy the property, and is not entitled to protections provided to a tenant under state law.
For homeowners and real estate professionals throughout York, Lancaster and Chester counties, this is an important development. Protecting private-property rights, helping consumers recognize real estate fraud, and keeping communities informed are central priorities of REALTOR® associations. PRAR is sharing this information as part of its continuing commitment to supporting its members and the communities they serve.
How the Expedited Court Process Works
Under the new law, a property owner or an authorized representative may file a verified petition with the clerk of court or chief magistrate in the county where the residential property is located.
The petition must establish specific facts, including that:
- The petitioner owns the property or represents the owner.
- The property contains a residential dwelling.
- The occupant entered or remains without the owner’s permission.
- The owner directed the occupant to leave, but the occupant refused.
- The property has not been leased to anyone.
- The occupant is not a current or former tenant.
- The occupant is not an immediate family member of the owner.
- There is no pending litigation involving the property between the owner and the known occupant.
When the legal requirements are met and good cause is shown, the court must immediately issue an ex parte order directing the removal of the unlawful occupant. A hearing must generally be held within 24 hours after the petition is filed unless the court finds good cause for a delay. Once an order is granted, the appropriate sheriff or constable is responsible for enforcing it.
This is an important distinction: the law does not create a shortcut for ordinary landlord-tenant disputes. It is designed for qualifying situations in which an individual has no lease, no permission from the property owner and no other legal right to occupy the home.
The law also includes protections against misuse of the expedited process. A person who is removed without just cause may bring a civil action seeking restored possession, certain damages, court costs and statutory damages of $1,000.
New Penalties Address Property Damage and Real Estate Fraud
In addition to creating the expedited removal process, Act 252 establishes several criminal offenses intended to discourage property damage and fraudulent real estate activity.
A person who unlawfully occupies or trespasses on a residential property and intentionally causes at least $1,000 in damage may be charged with a felony. Upon conviction, the person may face a fine, imprisonment for up to five years, or both.
The law also makes it a misdemeanor to knowingly list or advertise residential property for sale when the purported seller has no legal title or authority to sell it. Similar penalties may apply when someone knowingly rents or leases property without lawful ownership or a valid leasehold interest.
Presenting a false lease, deed or other document with the intent to remain on property may also result in criminal penalties.
These provisions reinforce the importance of verifying property ownership and confirming that a person has proper authority before a home is listed, advertised, rented or sold.
Changes Affecting Ejectment Appeals
Act 252 also revises procedures involving appeals of tenant ejectment judgments.
A tenant seeking to delay execution of an ejectment judgment while an appeal is pending generally must file an affidavit promising to pay rent as it becomes due. If an accepted affidavit is in place, the court may stay the ejectment during the appeal. Failure to make required rental payments within the specified period may cause the stay to dissolve and allow the ejectment to proceed.
This portion of the law concerns tenant ejectment appeals and is separate from the new expedited procedure for unlawful occupants.
Why This Matters to Homeowners and Communities
Private-property rights affect more than an individual home or investment. Clear ownership, lawful occupancy and trustworthy property information help provide stability for families, neighborhoods and the broader housing market.
REALTORS® and REALTOR® associations do more than assist with real estate transactions. They help consumers understand changes affecting homeownership, provide education on property-related risks, and advocate for policies that protect property owners and strong communities.
South Carolina REALTORS® identifies promoting and protecting private-property ownership, advocating for property owners and keeping homeownership affordable as central parts of its mission. PRAR supports that work locally by serving REALTORS® and communities across York, Lancaster and Chester counties.
Sharing timely information about laws such as H. 3387 is one way REALTORS® help homeowners understand their rights, recognize potential risks and identify when professional legal assistance may be necessary.
What Property Owners Should Do
Property owners should remember that the new procedure is court-based and applies only when all statutory conditions are satisfied. It does not authorize an owner to remove someone personally without following the required legal process.
Owners who are concerned about unauthorized occupancy should preserve documents showing ownership, maintain records of any leases or permissions, document communications with the occupant, and speak with qualified legal counsel before filing a petition or taking action.
Real estate professionals should also continue using appropriate procedures to confirm the identity and authority of anyone seeking to list, sell or lease residential property.
Learn More
PRAR encourages members and property owners to review the complete legislation and reliable news coverage to better understand the new law:
–Read the Full Text of H. 3387 and Act 252
— Watch the WIS News 10 Report
—Review the South Carolina REALTORS® Legal Update
PRAR will continue monitoring legislative and regulatory developments affecting homeowners, real estate professionals and communities throughout the Piedmont region.
This article is provided for general educational and informational purposes only. It is not legal advice and should not be relied upon as guidance for a specific property or legal matter. Property owners and real estate professionals should consult qualified legal counsel regarding individual circumstances.