I once knew a landlord in Myrtle Beach who discovered a tenant had disappeared mid-lease — furniture gone, rent unpaid for three months, the unit left a mess. He panicked. Did he need to file an eviction? Could he just change the locks? How long did he have to figure this out?
The short answer is: abandoned property in Myrtle Beach, South Carolina is treated as an eviction, and you've got specific legal steps to follow — or you'll end up creating expensive problems for yourself.
What South Carolina Actually Means by "Abandoned"
Here's the thing: South Carolina law doesn't define "abandoned" as casually as you might think.
It's not just "the tenant disappeared." Under South Carolina Code § 27-40-730, a rental unit is considered abandoned when the tenant has removed most of their belongings, the utilities have been shut off, and the tenant's conduct shows they don't intend to return.
But here's where landlords get tripped up — you can't just assume abandonment based on a missed rent payment or two. You need to actually investigate. Is mail piling up? Are the utilities still on? Has the tenant been gone for an extended period without any contact?
The law requires clear evidence. An empty apartment with no furniture is one thing. An apartment where the tenant's stuff is still there but they haven't paid rent for a month — that's a different situation entirely, and you'll need to treat it as a standard eviction, not an abandonment.
The Legal Process You Actually Have to Follow
Here's what most people don't realize: even when a tenant has obviously abandoned the unit, you can't just clean it out and re-rent it. You have to go through the eviction courts in Horry County (where Myrtle Beach is located) and get a judgment.
The process looks like this. First, you'll file a Summons and Complaint for Eviction with the Magistrate's Court in Horry County. South Carolina law requires you to serve the tenant with notice — and if you can't locate them, you'll need to use "constructive service," which means posting the notice on the property and publishing it in a local newspaper. This costs money and takes time, typically 14-21 days before you can even get a hearing.
At the hearing (which happens in Magistrate's Court), you'll present evidence of abandonment. Photographs of the empty unit, testimony about the length of vacancy, utility records — whatever shows the tenant isn't coming back. If the judge agrees, you'll get a judgment for possession.
But that's still not the end.
After you get your judgment, you have to wait 10 days before you can request a "Writ of Possession" from the clerk's office. That writ is what actually allows the Horry County Sheriff's Department to remove the tenant's belongings and change the locks. You'll pay the sheriff's fees — approximately $100-$200 depending on what's involved — and they'll handle the physical removal.
What Happens to the Tenant's Stuff (Yes, You Have to Deal With It)
Don't throw their belongings in a dumpster.
South Carolina requires that any personal property left behind be handled according to specific rules. After the Writ of Possession is executed, you're required to store the tenant's property in a safe place for at least 30 days. You also have to notify the tenant (or attempt to) that you're holding their stuff and they can retrieve it within that 30-day window.
After 30 days, if they haven't claimed it, you can dispose of it — but keep records showing you made a good-faith effort to notify them. Some landlords photograph everything and keep documentation in case the tenant later claims they lost valuable items. It's not required, but it protects you.
The cost of storage and disposal comes out of your pocket initially, though you can try to recover it when you pursue the judgment. Good luck collecting that from a tenant who abandoned the place in the first place.
What You're Probably Worried About — And Should Be
Honestly, the biggest mistake landlords make is waiting too long to act. If you suspect abandonment but don't file for eviction right away, you're losing rent every single day. Your mortgage doesn't stop. Your property taxes don't stop. Your insurance doesn't stop.
But here's the thing that really costs landlords money: if you don't follow the proper legal process and you try to remove the tenant or their property without a court order, the tenant can actually sue you for illegal "self-help" eviction. South Carolina courts take this seriously. You could end up owing them damages — sometimes substantial ones — even though they're the ones who abandoned your property.
There's also the security deposit angle. Even if a tenant abandoned the unit, you're still legally required to account for their security deposit. South Carolina law says you have to provide an itemized statement of any deductions (for repairs, unpaid rent, cleaning) within 30 days. If you don't, the tenant can sue you for triple the amount of the deposit plus attorney fees. Even a small security deposit can turn into a real problem.
The Timeline That Actually Matters
Real talk — if you're in Myrtle Beach and you suspect abandonment, you should contact an attorney or the Horry County Magistrate's Court immediately. The sooner you file for eviction, the sooner you can get the unit re-rented.
From the day you file your Summons and Complaint, you're looking at roughly 4-6 weeks before you have actual possession of the unit — assuming the judge agrees it's abandoned and there are no complications. If the tenant contests it or you have trouble serving them, it can stretch to 8-10 weeks. That's a long time to have an empty, non-revenue-generating rental.
The Magistrate's Court in Horry County is open during normal business hours, and you can file in person or sometimes by mail. Filing fees are approximately $50-$75, but attorney fees can run $200-$500+ depending on the complexity.
The Real Cost of Not Acting
Let's say you own a modest one-bedroom in Myrtle Beach renting for $1,200 a month. If you wait three months to file for eviction (hoping the tenant magically comes back), you've lost $3,600 in rent. Add in utilities you're paying, property taxes, mortgage interest — and you're easily $5,000+ underwater before the eviction is even filed.
And that's assuming nothing else goes wrong. What if the abandoned unit gets broken into? What if squatters move in? What if pipes freeze during winter because no one's paying utilities? Now you're looking at repair bills on top of lost rent.
The legal process isn't fun, and it's not free — but it's way cheaper than the alternative of ignoring the problem. Get the paperwork filed with Horry County's Magistrate's Court as soon as you've confirmed the unit is genuinely abandoned. Document everything. Follow the 10-day wait for the Writ of Possession. Handle the belongings according to law. And get that unit re-rented before another month of losses pile up.