Current Status Introducing Body:Senate Bill Number:430 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Rent by distress collection Residing Body:Senate Current Committee:Judiciary Computer Document Number:BR1/1058.AC Introduced Date:Jan 09, 1991 Last History Body:Senate Last History Date:Jan 09, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
430 Senate Jan 09, 1991 Introduced and read first 11
time, referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 27-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEEDINGS FOR COLLECTION OF RENT BY DISTRESS, SO AS TO EXCLUDE THE USE OF DISTRESS FOR THE COLLECTION OF RESIDENTIAL RENTS; AND TO AMEND SECTION 27-40-740, RELATING TO DISTRESS PROCEEDINGS UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DELETE THE USE OF RENT COLLECTION BY DISTRESS UNDER THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-39-210 of the 1976 Code is amended to read:
"Section 27-39-210. (A) A landlord may enforce collection of rent due by distress in the following manner, to wit: Any A magistrate having jurisdiction over the district county in which the premises occupied are situate situated may issue, upon receipt of an affidavit of the landlord or his agent setting forth the amount of rent due, a notice directed to the tenant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. Such The notice, together with a copy of the affidavit, shall must be delivered to (a) any a regular constable, (b) such a special constable, as the magistrate may appoint, or (c) the sheriff of the county for enforcement. Such The officer forthwith shall forthwith serve a copy of the notice and affidavit on the tenant by delivering the copies to him personally, or, if he cannot be found, to any agent of the tenant in whose possession the property sought to be distrained is located. If neither the tenant nor any an agent of the tenant can be found, the tenant may be served by leaving such the copies at the tenant's place of business or at the rented premises with some person of suitable age and discretion. If, after reasonable search, the tenant cannot be located in the county, no person can be found in possession of the rented premises, and the premises have been abandoned for a period of fifteen days or more immediately prior to the date of service, the copies of the affidavit and notice may be served by leaving them affixed to the most conspicuous part of the premises and by delivering them to the clerk of court of the county in which the premises are located. If the premises have been abandoned for fifteen days immediately prior to the date of service, the tenant shall be is deemed to have appointed the clerk of court as his agent for acceptance of service of the notice and affidavit.
(B) Notwithstanding the provisions of subsection (A) of this section or any other provision of this article, rent on a dwelling unit, as defined in Section 27-40-210(3), must not be collected from a tenant, as defined in Section 27-40-210(15), by distraint."
SECTION 2. Section 27-40-740 of the 1976 Code is amended to read:
"Section 27-40-740. (a) A contractual lien or contractual security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter.
(b) A landlord may enforce collection of rent by distress only pursuant to Chapter 39, Title 27 of the 1976 Code; however, the tenant may raise defenses to the issuance of a distress warrant pursuant to the provisions of this chapter or the rental agreement and may take advantage of the property exemptions found in Section 23-41-200 of the 1976 Code."
SECTION 3. This act takes effect upon approval by the Governor.