South Carolina General Assembly
118th Session, 2009-2010

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Indicates Matter Stricken
Indicates New Matter

S. 51

STATUS INFORMATION

General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\ggs\22175ab09.docx
Companion/Similar bill(s): 3500, 4591

Introduced in the Senate on January 13, 2009
Currently residing in the Senate Committee on Judiciary

Summary: Execution of a judgment for ejectment

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2008  Senate  Prefiled
  12/10/2008  Senate  Referred to Committee on Judiciary
   1/13/2009  Senate  Introduced and read first time SJ-96
   1/13/2009  Senate  Referred to Committee on Judiciary SJ-96

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/10/2008

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-810 SO AS TO PROVIDE THE EXECUTION OF A JUDGMENT FOR EJECTMENT MAY NOT OCCUR UNTIL AT LEAST SEVEN DAYS LAPSE FROM THE DATE ON WHICH THE MAGISTRATE ISSUED THE ORDER OR, IF THE JUDGMENT IS STAYED, UNTIL AT LEAST SEVEN DAYS LAPSE FROM THE DATE ON WHICH THE ORDER IS LIFTED, AND DURING THE SEVEN DAY PERIOD THE TENANT MAY REMOVE HIS PERSONAL PROPERTY FROM THE PREMISES WITHOUT INTERFERENCE FROM THE LANDLORD; AND TO AMEND SECTION 27-40-710, RELATING TO REMOVAL OF AN EVICTED TENANT'S PERSONAL PROPERTY FROM THE RENTAL PREMISES, SO AS TO PROVIDE THE PARTY REMOVING THE PERSONAL PROPERTY SHALL RETAIN POSSESSION OF THE PERSONAL PROPERTY FOR THIRTY DAYS, DURING WHICH TIME THE TENANT MAY RECOVER THE PERSONAL PROPERTY.

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

SECTION    1.    Subarticle II, Article 7, Chapter 40, Title 27 of the 1976 Code is amended by adding:

"Section 27-40-810. Notwithstanding another provision of law, the execution of a judgment for ejectment may not occur until at least seven days lapse from the date on which the magistrate issued the order or, if the judgment is stayed, until at least seven days have lapsed from the date on which the order is lifted. During the seven day period, the tenant may remove his personal property from the premises without interference from the landlord."

SECTION    2.    Section 27-40-710(D) of the 1976 Code is amended to read:

"(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 shall must be removed by the appropriate municipal or county officials official after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also may be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. The appropriate municipal or county official shall retain possession of the personal property in a secure location for thirty days following the removal, during which time the tenant may recover his personal property from the municipality or county. If the premises is located in a municipality or county that does not collect trash or debris from the public highways, then after a period of forty-eight hours, the landlord may remove the personal property from the premises and dispose of it in the manner that trash or debris is normally disposed of in such municipalities or counties, provided the landlord must retain possession of the personal property in a secure location for thirty days, during which time the tenant may recover the personal property. The notice of eviction must clearly must inform the tenant of the provisions of this section. The municipality or county and the its appropriate officials official or employees thereof have employee has no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section."

SECTION    3.    This act takes effect upon approval by the Governor.

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