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South Carolina just passed a law that most property owners and agents haven’t even heard about yet.
Chris Kavanagh, Pinnacle Real Estate Academy’s Director of Instruction, recently researched H.3387, which Governor McMaster signed on June 30, 2026. It’s now officially Act No. 252, and it went into effect immediately.
Here’s why you should care: if you own rental properties, investment homes, or any kind of vacant residential real estate, this law gives you a legal pathway you didn’t have before.
The Problem It Solves
Squatting hasn’t been a widespread problem in South Carolina, but it’s been wreaking havoc in neighboring states. Georgia, Florida, and New York have all struggled with increasingly difficult squatter situations. South Carolina lawmakers looked at those situations and decided to address the issue before it became a crisis here.
The result is a completely new legal process designed specifically to handle unlawful occupants who have no legitimate claim to a property.
Here’s What Changed
Before this law, if someone was illegally occupying your property, your only real option was a traditional eviction process. That process treats everyone the same, whether they’re a tenant with a lease dispute or someone who just broke into your house.
Now there’s a separate, expedited procedure for situations where someone has absolutely no right to be on your property at all. No rental agreement. No family connection. No legitimate claim whatsoever.
This distinction matters because it moves significantly faster than a standard eviction.
How the New System Works
The process is straightforward and designed to move quickly.
A property owner, their agent, or an estate representative files a petition in magistrate or clerk’s court. They include evidence showing the occupant has no legal right to be there.
If the court finds the evidence sufficient, it issues an immediate order. The person doesn’t get to argue their case before that order is issued.
Within 24 hours, there’s a hearing where everything gets addressed. Once the court makes a decision, a law enforcement officer carries out the removal.
From start to finish, this can happen in days instead of weeks or months.
Criminal Consequences Are Real
What gives this law actual power are the criminal penalties attached.
Cause serious damage to the property while squatting? That’s a felony with up to 5 years in prison. Refuse to leave when ordered by the court? Another felony, up to 3 years. Attempt to rent out a property that isn’t yours to unsuspecting tenants? That’s a misdemeanor with jail time and fines. Present fraudulent documents to claim occupancy rights? That’s also a crime.
The law targets not just squatters themselves, but the scams that often accompany squatting situations. People have lost money renting homes from scammers who had no ownership claim at all.
What Owners Can Do
Once a removal order is issued, the owner can work with law enforcement to secure the property, change locks, and remove the squatter’s belongings. As long as everything is done lawfully, the owner isn’t liable for damage to personal property during that process.
That’s a significant protection for property owners who need to act quickly.
The Safety Valve
This law does include a protection against abuse. If someone gets removed under this process and it turns out they actually had a legal right to be there, they can sue. They can recover possession, compensation for damaged property, statutory damages, and court costs.
That’s why documentation matters. Before using this process, you need solid evidence that the occupant truly has no claim to the property.
What Stays the Same
Adverse possession law in South Carolina remains unchanged. Someone can still potentially claim ownership of property after 10 years of open, continuous occupation. But that’s a completely separate legal issue and not what this law addresses.
This law is about the immediate problem: getting someone out of your property now.
Why This Matters for Property Owners
If you’ve ever worried about a vacancy or a situation where property could sit empty between tenants, this law provides clarity and a faster resolution than existed before.
Whether you’re managing single rental properties or an investment portfolio, having a legal process that actually moves quickly is valuable. It protects your assets and your income.
Most property owners and agents haven’t heard about this yet. It’s worth understanding, worth discussing with a real estate attorney, and worth keeping in mind if you ever face an occupancy problem.
This is informational only and not legal advice. If you’re facing an actual squatting situation, consult with a real estate attorney before taking any action.
