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

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.