S 0956 General Bill, By Cromer and Elliott
 A BILL TO AMEND SECTION 27-37-60 OF THE 1976 CODE, RELATING TO A TRIAL FOR THE
 EJECTMENT OF A TENANT, TO PROVIDE THAT A TENANT MUST POST A BOND AS A
 CONDITION OF REQUESTING A TRIAL, AND TO PROVIDE FOR THE AMOUNT OF THE BOND.

   12/09/09  Senate Prefiled
   12/09/09  Senate Referred to Committee on Judiciary
   01/12/10  Senate Introduced and read first time SJ-34
   01/12/10  Senate Referred to Committee on Judiciary SJ-34
   01/12/10  Senate Referred to Subcommittee: Malloy (ch), Ford,
                     Massey, S.Martin, Mulvaney

TO AMEND SECTION 27-37-60 OF THE 1976 CODE, RELATING TO A TRIAL FOR THE EJECTMENT OF A TENANT, TO PROVIDE THAT A TENANT MUST POST A BOND AS A CONDITION OF REQUESTING A TRIAL, AND TO PROVIDE FOR THE AMOUNT OF THE BOND.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 27-37-60 of the 1976 Code is amended to read:

"Section 27-37-60.    (A)    If the tenant appear and contest ejectment the magistrate shall forthwith hear and determine the case as any other civil case, allowing trial by jury if demanded by either party.

(B)(1)    To appear and contest ejectment, the tenant must post a bond for an amount to be fixed by the magistrate conditioned for the payment of costs, damages, and lost rent that the landlord may sustain as a result of the ejectment trial. The bond must be in an amount at least equal to two month's rent.

(2)    The tenant must post bond within ten days of the landlord, his agent, or his attorney applying to a magistrate pursuant to Section 27-37-20. If the tenant does not post bond within ten days of service of a copy of the magistrate's rule issued pursuant to Section 27-37-20, the magistrate must issue the warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county."

SECTION    2.    This act takes effect upon approval by the Governor.