If you own rental property in Fort Mill, Rock Hill, Indian Land, or anywhere else in South Carolina's York County, the state legislature just handed you a significant new tool.
On June 25, 2026, South Carolina Governor Henry McMaster signed H.3387 — a new law that creates an expedited removal process for unlawful occupants of residential property. The bill passed unanimously in both chambers of the legislature. And it changes the squatter situation in South Carolina in a meaningful, practical way.
Before this law, removing a squatter in South Carolina meant going through the same lengthy court process as a full eviction — serving notices, filing in magistrate's court, waiting for a hearing date, and then waiting for the sheriff. That process could take weeks or months, during which an unauthorized occupant was living in your property with no lease and no legal right to be there.
Under H.3387, a property owner can petition for an expedited court hearing. The court is required to hold a hearing on the petition within 24 hours, after which it can permanently exclude the former occupant and impose various restrictions or orders, such as making them pay damages or court costs. The removal is enforced by county sheriff's departments or constables.
This guide explains exactly how the new law works, who it covers, what it does not cover, what the criminal penalties are, and what York County and Charlotte-area property owners should know right now.
What the New Law Actually Does — and What It Does Not
The most important thing to understand about H.3387 is the distinction it draws — and that distinction is critical.
This 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.
That means:
The new law applies to: A person who broke into your vacant property, moved in without any permission, and has no written or verbal agreement with you as the property owner. Someone who has no landlord-tenant relationship and no legal claim to be there.
The new law does not apply to: A tenant whose lease has expired. A tenant who is behind on rent. A guest who overstayed their welcome on the invitation of a tenant. Any situation where there is an existing or former landlord-tenant relationship. Those situations still go through the standard eviction process under South Carolina's Residential Landlord and Tenant Act.
Within 24 hours of filing the petition, there is 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.
This is a genuine change from the prior process. Before this law, even a clear-cut case of unauthorized occupation with no landlord-tenant relationship still wound through the same eviction machinery. The new expedited petition process is a separate track — one that moves significantly faster when the qualifying conditions are met.
The Criminal Penalties That Come With the New Law
One of the most significant additions in H.3387 is not just the faster removal process — it is the criminal teeth attached to squatting behavior. Cause serious damage to the property while squatting? That is 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 is not yours to unsuspecting tenants? That is a misdemeanor with jail time and fines. Present fraudulent documents to claim occupancy rights? That is also a crime.
The law creates new criminal penalties for illegally occupying a residence, causing significant damage to a property, or using false documents to claim a right to stay in a home.
The fraudulent documentation penalty is particularly significant. One of the most common tactics squatters use to delay removal is producing a fake lease, a forged letter from a "landlord," or other paperwork designed to make the situation look like a landlord-tenant dispute rather than unauthorized occupation. Under H.3387, that tactic is now a crime — not just a delay strategy.
How the Process Works Step by Step
If you discover an unauthorized occupant in your South Carolina rental property after the new law is in effect, here is the process:
Step One: Document the unauthorized occupation. Photograph the property, the entry point, and any visible evidence of unauthorized habitation. Confirm in writing that you have not entered into any lease, rental agreement, or permission arrangement with the occupant — and document any prior communications. This documentation is what the court will need to confirm that the qualifying conditions for the expedited process are met.
Step Two: Consult a South Carolina real estate attorney. The expedited petition process under H.3387 is new, and its application in specific situations is still being tested in the courts. A licensed attorney can confirm whether your situation qualifies for the expedited track versus the standard eviction process — and can prepare and file the petition correctly. Filing an improper petition or misclassifying a tenant-squatter situation as a pure squatter situation can create legal complications.
Step Three: File the expedited petition. Your attorney files a petition with the appropriate court documenting your ownership, the unauthorized occupation, and the absence of any landlord-tenant relationship.
Step Four: The court holds a hearing within 24 hours. A hearing must generally be held within 24 hours after the petition is filed unless the court finds good cause for a delay. 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.
Step Five: The sheriff enforces the removal. Once the court issues a writ of ejectment, the county sheriff is responsible for enforcing the eviction. The sheriff gives the squatter 24 hours to move out voluntarily. If the squatter does not leave, the officer may use the least destructive means necessary to complete the removal.
The important accuracy note: the "24 hours" that matters most is the hearing timeline — the court must hold the hearing within 24 hours of filing. After that, the sheriff enforces the order on a timeline they control. The process is significantly faster than the prior eviction route, but "24 hours and they are out" is the best-case scenario, not a guaranteed timeline for every case.
How This Compares to North Carolina
For property owners who manage properties on both sides of the Charlotte metro — in Mecklenburg, Gaston, or Cabarrus Counties in NC and in York County, SC — it is worth understanding how the two states currently compare on squatter removal.
North Carolina does not currently have a comparable expedited squatter removal law. As covered in our previous blog on squatters' rights in NC and SC, North Carolina handles unauthorized occupants through its standard landlord-tenant framework. A property owner who discovers a squatter in a North Carolina property still typically needs to go through the summary ejectment process — 10-day notice if any tenancy argument exists, then filing in district court, a hearing, and a Writ of Possession.
North Carolina's process, while generally favorable to property owners compared to many states, does not yet have the kind of expedited petition track that South Carolina has now created. Several other states — including Florida, which passed a similar law in 2024 — are ahead of North Carolina on this specific issue.
For landlords with properties in York County, SC specifically: the new law is a meaningful advantage for situations involving true unauthorized occupants. For your North Carolina properties, the standard process remains in place.
What York County and Charlotte-Area SC Property Owners Should Do Now
The new law is in effect as of July 2026. Here is the practical action list for property owners in Fort Mill, Rock Hill, Indian Land, Tega Cay, and other York County communities:
Know the distinction before you need it. The expedited process applies to true squatters — people with no lease and no landlord-tenant relationship. If you have a tenant who stopped paying rent, the standard eviction process still applies. Knowing which track your situation falls on is the first decision point.
Keep your property records current. The court will need documentation of your ownership and the absence of any rental agreement. Keep your deed, your property tax records, and any lease agreements (or absence of them) readily accessible. If your property has been vacant for any period, keep a log of inspection dates confirming it was unoccupied when you last checked.
Have a South Carolina real estate attorney in your contacts. The best time to find an attorney is before you need one. A licensed SC real estate attorney who is familiar with the new H.3387 process can respond quickly when you need them — rather than being found and consulted in the middle of a crisis.
Secure vacant properties proactively. The fastest squatter removal is the one that never has to happen. Properties that appear abandoned — full mailboxes, overgrown landscaping, no lights, no visible activity — are more attractive to unauthorized occupants than properties that are visibly maintained and monitored. Regular property visits, maintained exteriors, and security cameras are the first line of defense.
Post No Trespassing signs. Clearly posted signage establishes that access is not permitted and that any occupant is aware their presence is unauthorized. This documentation matters in both the civil petition process and any criminal trespass action.
What Carolina Property Management Does to Protect Owners From This Situation
The most effective protection against a squatter situation is active, consistent management of your rental property — so that unauthorized occupation is caught early, before it becomes established.
Carolina Property Management's regular property visit schedule means that vacant properties are not sitting unmonitored for months at a time. When a property is between tenants, we conduct condition checks, maintain the exterior presentation, and document the property's occupancy status. The combination of physical presence and documentation makes it significantly harder for an unauthorized occupant to establish the kind of undetected, extended occupation that creates legal complexity.
When we do identify an unauthorized occupant situation, we connect property owners with licensed legal counsel immediately. We document every step from discovery through resolution. And we maintain the property records — ownership documentation, inspection logs, lease history — that the court process requires.
Frequently Asked Questions About the New South Carolina Squatter Law for York County Property Owners
Does the new law apply to a tenant who stopped paying rent and refused to leave? No. The law is not meant to address 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. A holdover tenant — someone who had a lease that has expired or been terminated — still requires the standard South Carolina eviction process under the Residential Landlord and Tenant Act.
How quickly can a squatter actually be removed under H.3387? The court must hold a hearing within 24 hours of the petition being filed, assuming no good cause for delay. If the court issues an order at that hearing, the sheriff enforces it — with the squatter given 24 hours to voluntarily vacate before the sheriff returns to physically remove them. From filing to removal, the process can happen in days rather than weeks. The exact timeline depends on the court's schedule and the specific circumstances.
Does the law apply to properties in Fort Mill and Rock Hill specifically? Yes. H.3387 is a state law that applies to all of South Carolina, including all York County communities — Fort Mill, Rock Hill, Indian Land, Clover, York, and Tega Cay.
Can I just call the police to remove a squatter in South Carolina? Not directly. Self-help methods like changing the locks or removing someone's belongings can expose the owner to significant legal and financial risk. The process usually starts with a written notice asking the person to leave. If they do not comply, the next step is often taking the issue to court. If the court rules in the owner's favor, a sheriff may carry out the eviction. Under H.3387, the court process is faster — but it is still the required path. Self-help removal remains illegal.
What criminal charges can a squatter face under the new law? Causing serious damage to the property while squatting is a felony with up to 5 years in prison. Refusing to leave when ordered by the court is a felony with up to 3 years. Attempting to rent out a property that is not yours is a misdemeanor. Presenting fraudulent documents to claim occupancy rights is also a crime.
Does North Carolina have a similar expedited squatter removal law? Not as of July 2026. North Carolina handles unauthorized occupants through its standard summary ejectment process, which is more landlord-favorable than many states but does not include the expedited petition track that South Carolina's new law created. Property owners with North Carolina properties should use the standard process — 10-day notice where applicable, then Summary Ejectment filing in district court.
The Bottom Line for Property Owners in the Carolinas
South Carolina just made a meaningful improvement to property owner protections. H.3387 gives owners of residential property in Fort Mill, Rock Hill, Indian Land, and across York County a faster legal path to remove true squatters — people with no lease, no permission, and no legal right to be in the home.
The 24-hour hearing requirement is the law's most significant practical change. Before this law, even a clear-cut unauthorized occupation case moved through the same slower process as a contested eviction. Now it has its own, faster track — with criminal penalties attached that make fraudulent occupancy claims significantly more costly for anyone who tries them.
This is a good law for property owners. Use it correctly — which means working with a licensed attorney, documenting your case, and making sure the situation actually qualifies for the expedited track — and it delivers what the video describes: a much faster path to getting unauthorized occupants out and your property back.
Carolina Property Management serves landlords and investors across the Charlotte, NC and South Carolina markets — including properties in Fort Mill, Rock Hill, Indian Land, and throughout York County, SC. If you have questions about how the new South Carolina squatter removal law affects your rental property, or want a management partner who monitors your property proactively so squatter situations never get the chance to develop, contact us today.
