H*3745 Session 109 (1991-1992)
H*3745(Rat #0602, Act #0484 of 1992) General Bill, By Hayes, Alexander,
R.L. Altman, Bailey, B.O. Baker, J.M. Baxley, G.A. Brown, H. Brown,
H.H. Clyborne, L.E. Gentry, Harvin, M.F. Jaskwhich, Kirsh, W.S. McCain,
E.L. Nettles, J. Rama, Rhoad, Meacham, I.K. Rudnick, Sharpe, J.W. Tucker and
Wilkes
A Bill to amend Section 27-40-710, Code of Laws of South Carolina, 1976,
relating to the noncompliance by a tenant with the rental agreement under the
provisions of the Residential Landlord and Tenant Act, so as to include within
the provisions the noncompliance with Section 27-40-540 (prohibition on
illegal activities), to authorize a licensed real estate broker-in-charge, in
addition to the landlord, to recover actual damages and obtain injunctive
relief, to authorize the broker or landlord to obtain judgments or evictions
under the procedures established in the Section, and to provide that a
licensed real estate broker-in-charge or a licensed property manager in the
conduct of his business may in person, or by a regular employee, complete a
form writ of eviction and present facts to a judicial officer in behalf of his
landlord/principal in support of an action for the appropriate remedy if no
separate charge is made for this service, and to provide that a landlord may
recover attorney's fees only when represented by an attorney.-amended title
03/28/91 House Introduced and read first time HJ-11
03/28/91 House Referred to Committee on Labor, Commerce and
Industry HJ-11
04/15/92 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-5
04/29/92 House Amended HJ-276
04/29/92 House Read second time HJ-277
04/30/92 House Amended HJ-22
04/30/92 House Read third time and sent to Senate HJ-23
05/05/92 Senate Introduced and read first time SJ-8
05/05/92 Senate Referred to Committee on Labor, Commerce and
Industry SJ-8
05/26/92 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-12
05/27/92 Senate Amended SJ-92
05/27/92 Senate Read second time SJ-94
05/27/92 Senate Unanimous consent for third reading on next
legislative day SJ-94
05/28/92 Senate Read third time and returned to House with
amendments SJ-13
06/03/92 House Concurred in Senate amendment and enrolled HJ-116
06/04/92 Ratified R 602
07/01/92 Signed By Governor
07/01/92 Effective date 07/01/92
07/01/92 Act No. 484
07/14/92 Copies available
(A484, R602, H3745)
AN ACT TO AMEND SECTION 27-40-710, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
NONCOMPLIANCE BY A TENANT WITH THE RENTAL
AGREEMENT UNDER THE PROVISIONS OF THE
RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO
INCLUDE WITHIN THE PROVISIONS THE
NONCOMPLIANCE WITH SECTION 27-40-540
(PROHIBITION ON ILLEGAL ACTIVITIES), TO
AUTHORIZE A LICENSED REAL ESTATE BROKER-IN-CHARGE, IN ADDITION TO THE LANDLORD, TO
RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE
RELIEF, TO AUTHORIZE THE BROKER OR LANDLORD TO
OBTAIN JUDGMENTS OR EVICTIONS UNDER THE
PROCEDURES ESTABLISHED IN THE SECTION, AND TO
PROVIDE THAT A LICENSED REAL ESTATE BROKER-IN-CHARGE OR A LICENSED PROPERTY MANAGER IN THE
CONDUCT OF HIS BUSINESS MAY IN PERSON, OR BY A
REGULAR EMPLOYEE, COMPLETE A FORM WRIT OF
EVICTION AND PRESENT FACTS TO A JUDICIAL
OFFICER IN BEHALF OF HIS LANDLORD/PRINCIPAL IN
SUPPORT OF AN ACTION FOR THE APPROPRIATE
REMEDY IF NO SEPARATE CHARGE IS MADE FOR THIS
SERVICE, AND TO PROVIDE THAT A LANDLORD MAY
RECOVER ATTORNEY'S FEES ONLY WHEN
REPRESENTED BY AN ATTORNEY.
Be it enacted by the General Assembly of the State of South
Carolina:
Remedies
SECTION 1. Section 27-40-710 of the 1976 Code is amended to
read:
"Section 27-40-710. (A) Except as provided in this
chapter, if there is a noncompliance by the tenant with the rental
agreement other than nonpayment of rent or a noncompliance with
Section 27-40-510 materially affecting health and safety or the
physical condition of the property, or Section 27-40-540, the
landlord may deliver a written notice to the tenant specifying the
acts and omissions constituting the breach and that the rental
agreement will terminate upon a date not less than fourteen days
after receipt of the notice, if the breach is not remedied in fourteen
days. The rental agreement terminates as provided in the notice
except that:
(1) if the breach is remediable by repairs or otherwise and the
tenant adequately remedies the breach before the date specified in
the notice, or
(2) if the remedy cannot be completed within fourteen days,
but is commenced within the fourteen-day period and is pursued
in good faith to completion within a reasonable time, the rental
agreement may not terminate by reason of the breach.
(B) If rent is unpaid when due and the tenant fails to pay rent
within five days from the date due or the tenant is in violation of
Section 27-40-540, the landlord may terminate the rental
agreement provided the landlord has given the tenant written
notice of nonpayment and his intention to terminate the rental
agreement if the rent is not paid within that period. The landlord's
obligation to provide notice under this section is satisfied for any
lease term after the landlord has given one such notice to the
tenant or if the notice is contained in conspicuous language in a
written rental agreement.
(C) Except as provided in this chapter, the landlord may
recover actual damages and obtain injunctive relief, judgments, or
evictions in magistrate's or circuit court without posting bond for
any noncompliance by the tenant with the rental agreement or
Section 27-40-510. A real estate broker-in-charge licensed in this
State or a licensed property manager, in the conduct of his
licensed business may, either in person or through one or more
regular employees, complete a form writ of eviction and present
facts to judicial officers on behalf of his landlord/principal in
support of an action for eviction and/or distress and/or
abandonment for which no separate charge is made for this
service. If the tenant's noncompliance is wilful other than
nonpayment of rent, the landlord may recover reasonable
attorney's fees, provided the landlord is represented by an
attorney. If the tenant's nonpayment of rent is not in good faith,
the landlord is entitled to reasonable attorney's fees, provided the
landlord is represented by an attorney.
(D) Personal property belonging to a tenant removed from a
premises as a result of an eviction proceeding under this chapter
which is placed on a public street or highway may be removed by
the appropriate municipal or county officials after a period of
forty-eight hours, excluding Saturdays, Sundays, and holidays,
and may also be removed by these officials in the normal course
of debris or trash collection before or after a period of forty-eight
hours. The notice of eviction must clearly inform the tenant of the
provisions of this section. The municipality or county and the
appropriate officials or employees thereof have no liability in
regard to the tenant if he is not informed in the notice of eviction
of the provisions of this section."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 1st day of July, 1992. |