H 3807 General Bill, By Stille
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 27-37-15 so as to provide a form for persons leasing or renting land for a
 manufactured or mobile home to be furnished to the landlord or landowner and
 to prescribe its contents; to amend Sections 27-37-10, 27-37-20, 27-37-40, and
 27-37-160, relating to ejectment of tenants, so as to provide for the removal
 of manufactured or mobile homes.

   03/31/93  House  Introduced and read first time HJ-7
   03/31/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-7

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-15 SO AS TO PROVIDE A FORM FOR PERSONS LEASING OR RENTING LAND FOR A MANUFACTURED OR MOBILE HOME TO BE FURNISHED TO THE LANDLORD OR LANDOWNER AND TO PRESCRIBE ITS CONTENTS; TO AMEND SECTIONS 27-37-10, 27-37-20, 27-37-40, AND 27-37-160, RELATING TO EJECTMENT OF TENANTS, SO AS TO PROVIDE FOR THE REMOVAL OF MANUFACTURED OR MOBILE HOMES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 27-37-15. (A) A tenant, who leases or rents land on which to place a manufactured or mobile home, must furnish to the landlord or landowner, on a standard form which includes the name and address of the landlord or landowner, the following information:

(1) the date and place where the manufactured or mobile home was purchased;

(2) the name, address, and telephone number of all lienholders; and

(3) the previous location of the manufactured or mobile home, if known.

(B) The tenant must swear and notarize on the form that the information provided is accurate and complete to the best of his knowledge. A copy of the form must be provided to the manufactured or mobile home owner who shall provide it to all lienholders. If there is a subsequent change in the lienholder or any additional lienholders, the new lienholder must notify the landlord or landowner by certified mail, within three days of the change of the name, address, and telephone number of the new lienholder."

SECTION 2. Section 27-37-10 of the 1976 Code is amended to read:

"Section 27-37-10. The tenant may be ejected upon application of the landlord or landowner or his agent when:

(a)(1) such the tenant fails or refuses to pay the rent when due or when demanded,;

(b)(2) the term of tenancy or occupancy has ended; or

(c)(3) the terms or conditions of the lease have been violated.

Where applicable, the provisions of this chapter apply to the removal of manufactured or mobile homes."

SECTION 3. 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 upon application by the landlord or landowner or his agent or attorney any to a magistrate having jurisdiction. The magistrate shall issue a written rule requiring the tenant forthwith immediately to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten days after service of a copy of such the rule upon on the tenant.

In cases of ejectment of a manufactured or mobile home, the time period is twenty days. The application by the landlord or landowner, his agent or attorney in these cases must include a copy of the information received by the landlord or landowner from the tenant pursuant to Section 27-37-15. When the magistrate accepts payment for the issuance of the rule, the magistrate is deemed to have received a copy of the information required by Section 27-37-15. The magistrate immediately shall mail all lienholders a copy of the rule."

SECTION 4. 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 days, twenty days in the case of a manufactured or mobile home ejectment, then the magistrate shall issue, within five days, 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 5. Section 27-37-160 of the 1976 Code is amended by adding at the end:

"In executing a writ of ejectment on a manufactured or mobile home for nonpayment of lot rent or for other cause, the constable or sheriff shall proceed to the premises and have the manufactured home removed from the premises. The removal must be accomplished by an insured, licensed manufactured or mobile home mover, arrangements for which must be handled by the sheriff's department. If the moving and storage charges are not paid by the manufactured or mobile home owner, the manufactured or mobile home is to be considered an abandoned motor vehicle and disposed of pursuant to Sections 56-5-5630, 56-5-5640, and 56-5-5650."

SECTION 6. This act takes effect upon approval by the Governor.