Current Status Bill Number:1018 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960111 Primary Sponsor:Hayes All Sponsors:Hayes and Giese Drafted Document Number:bbm\10485jm.96 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Tenant, eviction procedures
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960111 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 27-40-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE REQUIREMENT THAT A TENANT SHALL OCCUPY HIS DWELLING UNIT ONLY AS A DWELLING UNIT AND SHALL NOT CONDUCT OR PERMIT ANY ILLEGAL ACTIVITIES IN HIS DWELLING UNIT, SO AS TO ADD PROVISIONS COMPELLING EVICTION UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-40-540 of the 1976 Code is amended to read:
"Section 27-40-540. Unless otherwise agreed, a tenant shall occupy his dwelling unit only as a dwelling unit and shall not conduct or permit any illegal activities thereon. If the illegal activities are so extreme that the Fair Housing Act prohibits them, and the neighborhood association, if any, along with the local government city or county and law enforcement officials agree, then the landlord must evict the tenant. The neighborhood association, local government, or law enforcement officials may give both the tenant and the landlord a five day notice for the tenant to move. If the landlord refuses to begin the eviction process after five days, then the local government or law enforcement officials are authorized to obtain relief in magistrate's or circuit court without posting bond to compel the termination of the rental agreement and the eviction of the tenant with an order and rule to show cause to be prepared and filed with, or at another time, as the application for ejectment. The landlord and the tenant must be served and named as defendants and either can ask for a hearing before a magistrate or other judge or jury. If the local government or law enforcement officials prevail at trial or if no request for a hearing is made in the ten-day period, then warrant of ejectment and writ of ejectment and arrangements for the actual eviction and other necessary legal papers may be handled by the local government or law enforcement officials. If the local government or law enforcement officials prevail, all cost incurred by the local government or law enforcement officials, including attorney's fees, may be recovered from either the tenant, landlord, or owner severally or jointly. In the event the landlord or the owner handles the eviction, all the preceding remedies for the local government or law enforcement officials, as they relate to the tenant, are also available to the landlord or owner, and the costs incurred, including attorney's fees, may be recovered from the tenant. Any remedies available under Section 27-40-710 or any other section of this chapter as they may aid the eviction process, may also be utilized. The landlord is subject to property seizure where applicable. Where property seizure is not applicable, the landlord is allowed to rerent to a different tenant."
SECTION 2. This act takes effect upon approval by the Governor.