Current Status Bill Number:830 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970617 Primary Sponsor:Passailaigue All Sponsors:Passailaigue Drafted Document Number:res1486.elp Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Property, rental; ejectment of tenant, five days to show cause why not to be ejected, execution of writ of ejectment
Body Date Action Description Com Leg Involved
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Senate 19970617 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTIONS 27-37-20 AND 27-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EJECTMENT PROCEEDINGS AGAINST A TENANT, SO AS TO GIVE A TENANT FIVE DAYS, RATHER THAN TEN DAYS, TO SHOW CAUSE WHY HE SHOULD NOT BE EJECTED; TO AMEND SECTION 27-37-160, RELATING TO EXECUTION OF WRIT OF EJECTMENT, SO AS TO ALLOW A CONSTABLE OR DEPUTY SHERIFF TO EFFECTUATE EJECTMENT EVEN IF HE HAS LEFT THE PERSONAL PROPERTY OF THE TENANT IN THE DWELLING TO PROTECT IT FROM INCLEMENT WEATHER OR OTHER FORCES; AND TO MAKE GRAMMATICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-37-20 of the 1976 Code is amended to read:
"Section 27-37-20. Any A tenant may be ejected in the following manner, to wit: Upon application by the landlord or his agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith to vacate the premises occupied by him immediately or to show cause why he should not be ejected before the magistrate within ten five days after service of a copy of such the rule upon the tenant."
SECTION 2. Section 27-37-40 of the 1976 Code is amended to read:
"Section 27-37-40. If the tenant fails to appear and show cause within the aforesaid ten five days as required in Section 27-37-20, then the magistrate shall issue a warrant of ejectment and the tenant shall must be ejected by his the regular or special constable or by the sheriff of the county."
SECTION 3. Section 27-37-160 of the 1976 Code is amended to read:
"Section 27-37-160. In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours or the premises appear unoccupied, the constable or deputy sheriff shall announce announces his identity and purpose. If necessary, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. If the premises appear to be occupied and the occupant does not respond, the constable or deputy sheriff shall must leave a copy of the writ taped or stapled at each corner and attached at the top of either the front or back door or in the most conspicuous place. Twenty-four hours following the posting of the writ, if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. Discretion may be exercised by the constable or deputy sheriff in granting a delay in the dispossession of ill or elderly tenants. A constable or deputy sheriff may effectuate the ejectment even if he makes a decision to allow personal property of the tenant to remain in the dwelling, if required to protect the property from inclement weather or any other force. Unauthorized entry into the dwelling by the tenant after this decision is a violation of Section 16-11-600, relating to trespass. The constable or deputy sheriff must remove the property when there is no longer a reason to allow it to remain."
SECTION 4. This act takes effect upon approval by the Governor.