S 1018 Session 111 (1995-1996)
S 1018 General Bill, By Hayes and Giese
A Bill 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.
01/11/96 Senate Introduced and read first time SJ-5
01/11/96 Senate Referred to Committee on Judiciary SJ-5
A BILL
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.
-----XX----- |