S.C. Code Ann. § 27-33-40
Concurrent jurisdiction of judges and magistrates
Operative Text
The judges of the circuit courts and county courts in this State shall have concurrent jurisdiction with and may exercise all of the duties and powers conferred upon magistrates by any provisions of Chapters 33 through 41 of this Title.
Section 27-33-40 of the South Carolina Code establishes that circuit court judges and county court judges share equal authority with magistrates over matters governed by Chapters 33 through 41 of Title 27. This means that landlord-tenant disputes and related proceedings covered by those chapters are not limited to magistrate courts — higher-level trial courts hold the same powers. The provision expands the judicial venues available for resolving these matters without removing any authority already held by magistrates.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-33-40, property owners and managers should be aware that proceedings arising under Chapters 33 through 41 of Title 27 — such as eviction or lease-related actions — may be heard in circuit or county court, not only before a magistrate. Compliant operators generally maintain thorough documentation of lease terms, notices, and communications so that their records are suitable for any level of court. Understanding that multiple court venues may have jurisdiction can inform how operators prepare their filings and supporting materials.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-33-40 means that tenants involved in disputes covered by Chapters 33 through 41 of Title 27 may find their case heard in a circuit or county court, not just before a magistrate. This concurrent jurisdiction can affect where a case is filed and how proceedings unfold, so tenants are generally encouraged to familiarize themselves with the rules of whichever court is involved. Tenant-rights organizations and legal aid services can help explain what this jurisdictional structure means for a particular type of housing matter.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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