Current Status Introducing Body:
HouseBill Number: 3745Ratification Number: 602Act Number: 484Primary Sponsor: HayesType of Legislation: GBSubject: Landlord, legal representative forDate Bill Passed both Bodies: Jun 03, 1992Computer Document Number: BR1/1413.HCGovernor's Action: SDate of Governor's Action: Jul 01, 1992Introduced Date: Mar 28, 1991Date of Last Amendment: May 27, 1992Last History Body: ------Last History Date: Jul 01, 1992Last History Type: Act No. 484Scope of Legislation: StatewideAll Sponsors: Hayes H. Brown Rudnick Baxley Kirsh G. Bailey G. Brown Meacham Nettles Rama Altman Jaskwhich Gentry Wilkes Baker Clyborne T.C. Alexander Rhoad McCain Sharpe Harvin TuckerType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3745 ------ Jul 01, 1992 Act No. 484 3745 ------ Jul 01, 1992 Signed by Governor 3745 ------ Jun 04, 1992 Ratified R 602 3745 House Jun 03, 1992 Concurred in Senate amendment, enrolled for ratification 3745 Senate May 28, 1992 Read third time, returned with amendment 3745 Senate May 27, 1992 Amended, read second time, unanimous consent for third reading on Thursday, May 28, 1992 3745 Senate May 26, 1992 Committee Report: Favorable 12 with amendment 3745 Senate May 05, 1992 Introduced, read first time, 12 referred to Committee 3745 House Apr 30, 1992 Amended, read third time, sent to Senate 3745 House Apr 29, 1992 Amended, read second time 3745 House Apr 15, 1992 Committee Report: Favorable 26 with amendment 3745 House Mar 28, 1991 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
(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:
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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 1st day of July, 1992.