Current Status Bill Number:
333Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970206Primary Sponsor: HayesAll Sponsors: HayesDrafted Document Number: bbm\9060jm.97Residing Body: SenateDate of Last Amendment: 19980430Subject: Rental, property; rent lease agreement between landlord and tenant, eviction proceedings, rent nonpayment
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980430 Read second time, ordered to third reading with notice of general amendments Senate 19980430 Committee amendment adopted Senate 19980422 Committee report: Favorable with 11 SJ amendment Senate 19970206 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 30, 1998
S. Printed 4/30/98--S.
Read the first time February 6, 1997.
TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, AND FAILURE OF TENANT TO PAY RENT, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT "RENTAL AGREEMENT" INCLUDES A RENTAL LEASE AGREEMENT BETWEEN THE LANDLORD AND THE TENANT AND THAT THE WRITTEN NOTICE REQUIREMENT UPON THE LANDLORD IN ORDER TO COMMENCE EVICTION PROCEEDINGS BECAUSE OF THE TENANT'S NONPAYMENT OF RENT SHALL BE DEEMED COMPLIED WITH IF THE RENTAL LEASE AGREEMENT CONTAINS A CERTAIN PROVISION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-40-710(B) of the 1976 Code, as last amended by Act 484 of 1992, is further amended to read:
"(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 if 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. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following, or a substantially equivalent, provision:
This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.'
The presence of this provision in the rental agreement fully satisfies the 'written notice' requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired."
SECTION 2. This act takes effect upon approval by the Governor.