Current Status Bill Number:
4755Ratification Number: 515Act Number: 382Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980304Primary Sponsor: Cobb-HunterAll Sponsors: Cobb-HunterDrafted Document Number: dka\4815jm.98Date Bill Passed both Bodies: 19980604Date of Last Amendment: 19980604Governor's Action: SDate of Governor's Action: 19980612Subject: Charitable shelter, not governed by Landlord and Tenant Act; Property, Rental, Mobile Homes, Manufactured Housing
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980624 Act No. A382 ------ 19980612 Signed by Governor ------ 19980610 Ratified R515 Senate 19980604 Ordered enrolled for ratification Senate 19980604 Free Conference Committee Report 89 SFCC adopted Senate 19980604 Free Conference Powers granted, 89 SFCC Bryan appointed Senators to Committee Hayes of Free Conference Rankin House 19980604 Free Conference Committee Report 99 HFCC adopted House 19980604 Free Conference Powers granted, 99 HFCC Sandifer appointed Reps. To Committee of Cobb-Hunter Free Conference Law Senate 19980604 Conference powers granted, 88 SCC Bryan appointed Senators to Committee Hayes of Conference Rankin House 19980603 Conference powers granted, 98 HCC Sandifer appointed Reps. to Committee of Cobb-Hunter Conference Law House 19980603 Insists upon amendment Senate 19980603 Non-concurrence in House amendment House 19980603 Senate amendments amended, returned to Senate with amendment Senate 19980527 Read third time, returned to House with amendment Senate 19980527 Amended Senate 19980513 Read second time Senate 19980429 Committee report: Favorable 11 SJ Senate 19980401 Introduced, read first time, 11 SJ referred to Committee House 19980331 Read third time, sent to Senate House 19980326 Read second time House 19980325 Committee report: Favorable 26 HLCI House 19980304 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
(A382, R515, H4755)
AN ACT TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIONS FROM COVERAGE OF THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD TO THE LIST OF EXCLUSIONS RESIDENCE, WHETHER TEMPORARY OR NOT, AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER, PUBLIC OR PRIVATE; TO AMEND SECTION 27-40-710, AS AMENDED, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, NONCOMPLIANCE WITH RENTAL AGREEMENT, FAILURE TO PAY RENT, AND REMOVAL OF AN EVICTED TENANT'S PERSONAL PROPERTY, SO AS TO PROVIDE THAT THE WRITTEN NOTICE REQUIREMENT FOR THE LANDLORD SHALL BE CONSIDERED COMPLIED WITH IF THE RENTAL AGREEMENT CONTAINS THE NEW LANGUAGE SET FORTH IN THIS SECTION, OR THE SUBSTANTIAL EQUIVALENT, PROVIDE THAT THE PRESENCE OF THIS PROVISION IN THE RENTAL AGREEMENT FULLY SATISFIES THE "WRITTEN NOTICE" REQUIREMENT AND APPLIES TO A MONTH-TO-MONTH TENANCY FOLLOWING THE SPECIFIED LEASE TERM IN THE ORIGINAL RENTAL AGREEMENT, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 27-47-110, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT AND THE APPLICABILITY OF THIS ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT IN CHAPTER 40 OF TITLE 27 APPLY TO TENANCIES IN MANUFACTURED HOME PARKS IF SUCH APPLICATION IS NOT INCONSISTENT WITH OR CONTRARY TO THE PROVISIONS OF THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT; AND TO AMEND SECTION 27-47-530, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT, RESIDENT'S OBLIGATIONS, GROUNDS FOR EVICTION, AND NOTICE OF EVICTION, SO AS TO PROVIDE THAT NOTWITHSTANDING SECTION 27-37-100, WHICH RELATES TO THE EFFECT OF A VERDICT FOR THE PLAINTIFF UNDER THE PROVISIONS OF LAW REGARDING THE EJECTMENT OF TENANTS, A WRIT OF EJECTMENT MAY NOT ISSUE UNTIL TEN DAYS AFTER A VERDICT FOR THE PLAINTIFF, RATHER THAN "WITHIN THIRTY DAYS OF WRITTEN NOTICE TO THE RESIDENT OF THE COMMENCEMENT OF THE EVICTION ACTION", EXCEPT FOR EVICTION PURSUANT TO CERTAIN OTHER PROVISIONS OF THIS SECTION, PROVIDE THAT IF A MANUFACTURED HOME REMAINS ON THE LOT TWENTY DAYS AFTER THE RESIDENT HAS BEEN EVICTED, THE PROCEDURE IN SECTION 29-15-10, WHICH RELATES TO THE LIEN FOR REPAIRS OR STORAGE, MAY BE COMMENCED IN ORDER TO SELL THE HOME IN A COMMERCIALLY REASONABLE SALE AT PUBLIC AUCTION, AND PROVIDE THAT THE MANUFACTURED HOME OWNER OR RESIDENT IS NOT PROHIBITED FROM MOVING THE HOME BEFORE THE DAY OF SALE BUT THAT HE MUST PAY ANY FILING FEE OR ADVERTISING COSTS INCURRED FOR INITIATING THE PROCEDURE IN SECTION 29-15-10.
Be it enacted by the General Assembly of the State of South Carolina:
New exclusion from Residential Landlord, Tenant Act
SECTION 1. Section 27-40-120 of the 1976 Code is amended by adding:
"(9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private."
Residential Landlord, Tenant Act; rent; notice from landlord, etc.
SECTION 2. 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 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."
Manufactured Home Park Tenancy Act; application of Residential Landlord, Tenant Act
SECTION 3. Section 27-47-110 of the 1976 Code, as added by Act 135 of 1991, is amended to read:
"Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State. The provisions of the Residential Landlord and Tenant Act in Chapter 40 of Title 27 shall apply to tenancies in manufactured home parks if such application is not inconsistent with or contrary to the provisions of this chapter."
Time for issuance of writ of ejectment; etc.
SECTION 4. Section 27-47-530 of the 1976 Code, as added by Act 135 of 1991, is amended to read:
"Section 27-47-530. (A) An owner may evict a resident for one or more of the following reasons:
(1) failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4) not paying rent within five days of its due date;
(5) noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6) wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7) taking of the park or the part of it affecting the resident's lot by eminent domain;
(8) other reason sufficient under common law.
(B) Notwithstanding Section 27-37-100, a writ of ejectment may not issue until ten days after a verdict for the plaintiff except for eviction pursuant to subsection (A)(5).
(C) If a manufactured home remains on the lot twenty days after the resident has been evicted, the procedure in Section 29-15-10 may be commenced in order to sell the home in a commercially reasonable sale at public auction. The manufactured home owner or resident is not prohibited from moving the home before the day of the sale; however, he must pay any filing fee or advertising costs incurred for initiating the procedure in Section 29-15-10."
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1998.