South Carolina General Assembly
116th Session, 2005-2006

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Bill 4471

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 31, 2006

H. 4471

Introduced by Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M.A. Pitts, Rice, Sinclair, J.E. Smith, Viers and White

S. Printed 5/31/06--S.

Read the first time March 16, 2006.

            

A BILL

TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND CORRESPONDING COMPULSORY COUNTERCLAIMS, REGARDLESS OF THE AMOUNT OF THE COUNTERCLAIM; TO AMEND SECTION 27-33-40, RELATING TO CONCURRENT JURISDICTION OF CIRCUIT COURT JUDGES AND MAGISTRATES, SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL SEVER AND TRANSFER TO CIRCUIT COURT CLAIMS OR PERMISSIVE COUNTERCLAIMS FILED IN MAGISTRATE'S COURT IN CONNECTION WITH AN EJECTMENT ACTION IF THOSE CLAIMS EXCEED THE JURISDICTIONAL AMOUNT, WHILE RETAINING JURISDICTION OVER THE EJECTMENT ACTION AND COMPULSORY COUNTERCLAIMS; AND TO AMEND SECTION 27-37-60, RELATING TO THE TRIAL OF A CONTESTED EJECTMENT ACTION RESULTING FROM A COMMERCIAL LEASE ARRANGEMENT, SO AS TO REQUIRE THAT THE ACTION BE HEARD, WITH PRIORITY, AT THE NEXT TERM OF COURT AND THAT THE TENANT TENDER RENT DUE AND ACCRUING AS OF AND DURING THE PENDENCY OF THE ACTION.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 37, Title 27 of the 1976 Code is amended by adding:

"Section 27-37-155.    (A)    In any action involving a commercial lease where the landlord sues for possession and the tenant raises defenses or counterclaims pursuant to this chapter or the lease agreement:

(1)    the tenant is required to pay the landlord all rent which becomes due after the issuance of a written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to provide the tenant with a written receipt for each payment except when the tenant pays by check; and

(2)    the tenant is required to pay the landlord all rent allegedly owed prior to the issuance of the rule; provided, however, that in lieu of the payment the tenant may be allowed to submit to the court a receipt and cancelled check, or both, indicating that payment has been made to the landlord.

(B)(1)    In the event a jury trial is requested and upon motion of either party or upon his own motion, the magistrate may order that the commercial lease ejectment case be heard at the next term of court following the tenant's appearance.

(2)    In the event that the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord.

(3)    If the tenant appears in response to the rule and alleges that rent due as provided by Section 27-37-150 and this section has been paid, the court shall determine the issue. If the tenant has failed to comply with Section 27-37-150 and this section, the court shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable.

(4)    If the amount of rent due is determined at final adjudication to be less than alleged by the landlord, decision must be entered for the tenant if the court determines that the tenant has complied fully with the provisions of Section 27-37-150, this section, and the lease agreement.

(5)    If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action as provided by Section 27-37-150 and this section, the order may require the payments to be made (a) directly to the commercial landlord or to the clerk of court, to be held until final disposition of the case, or (b) through the magistrate's office. If payments are to be made through the magistrate's office, a fee of three percent of the rental payment must be added to the amount paid through the office and the fee of three percent shall be retained in the collecting magistrate's office to defray the costs of collection. If the tenant fails to make a payment as provided in Section 27-37-150 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession and, upon application of the landlord, the magistrate shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable."

SECTION    2.    This act takes effect upon approval by the Governor.

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