Current Status Introducing Body:Senate Bill Number:1328 Primary Sponsor:Robert W. Hayes Jr. Committee Number:12 Type of Legislation:GB Subject:Landlord and real estate broker, property damages Residing Body:Senate Current Committee:Labor, Commerce & Industry Computer Document Number:436/12149.DW Introduced Date:Feb 25, 1992 Last History Body:Senate Last History Date:Feb 25, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Robert W. Hayes Jr. Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1328 Senate Feb 25, 1992 Introduced, read first time, 12
referred to Committee
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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, AND TO AUTHORIZE THE BROKER OR LANDLORD TO OBTAIN JUDGMENTS OR EVICTIONS UNDER THE PROCEDURES ESTABLISHED IN THE SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
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 or Section 27-40-540 materially affecting health and safety or the physical condition of the property, 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 shall terminate 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 such 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 shall 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 or a real estate broker-in-charge licensed in this State 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. If the tenant's noncompliance is wilful other than nonpayment of rent, the landlord may recover reasonable attorney's fees. If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees."
SECTION 2. This act takes effect upon approval by the Governor.