reglab/housing_qa huggingface dataset:
SC Code § 27-39-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-40. Action for debt may be brought for rent on lease or demise for life.

 Any person having any rent in arrears or due upon any lease or demise for life or lives may bring an action of debt for such arrears of rent in the same manner as he might have done in case such rent were due and reserved upon a lease for years.  HISTORY: 1962 Code Section 41-204; 1952 Code Section 41-204; 1942 Code Section 8823; 1932 Code Section 8823; Civ. C. '22 Section 5289; Civ. C. '12 Section 3519; Civ. C. '02 Section 2433; G. S. 1827; R. S. 1946; 1898 (22) 784.
SC Code § 27-39-60 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-60. Counties and municipal corporations restricted from regulating rent charged for certain dwellings.

 No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single family, or multiple unit residential, or commercial rental property. This section may not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to the county or municipal corporation or from entering into any agreements with private persons which regulate the amount of rent to be charged for rental properties.  HISTORY: 1985 Act No. 184, Section 1.
SC Code § 27-39-210 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-210. Commencement of proceedings for collection of rent by distress.

 A landlord may enforce collection of rent due by distress in the following manner, to wit: Any magistrate having jurisdiction over the district in which the premises occupied are situate may issue, upon receipt of an affidavit of the landlord or his agent setting forth the amount of rent due, a notice directed to the tenant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. Such notice, together with a copy of the affidavit, shall be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint or (c) the sheriff of the county for enforcement. Such officer shall forthwith serve a copy of the notice and affidavit on the tenant by delivering the copies to him personally, or if he cannot be found, to any agent of the tenant in whose possession the property sought to be distrained is located. If neither the tenant nor any agent of the tenant can be found, the tenant may be served by leaving such copies at the tenant's place of business or at the rented premises with some person of suitable age and discretion. If, after reasonable search, the tenant cannot be located in the county, no person can be found in possession of the rented premises, and the premises have been abandoned for a period of fifteen days or more immediately prior to the date of service, the copies of the affidavit and notice may be served by leaving them affixed to the most conspicuous part of the premises and by delivering them to the clerk of court of the county in which the premises are located. If the premises have been abandoned for fifteen days immediately prior to the date of service, the tenant shall be deemed to have appointed the clerk of court as his agent for acceptance of service of the notice and affidavit.  HISTORY: 1962 Code Section 41-151; 1952 Code Section 41-151; 1946 (44) 2584; 1973 (58) 384.
SC Code § 27-39-220 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-220. Predistress hearing.

 The purpose of the predistress hearing is to protect the tenant's use and possession of property from arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall, after conducting the hearing, find that the landlord's right to distress is valid and the tenant has no overriding right to continue in possession of the property subject to distress, then the magistrate may issue his distress warrant naming the amount of rent due, with costs, and such warrant shall be delivered to an officer as set forth in Section 27-39-210.  HISTORY: 1962 Code Section 41-151.1; 1973 (58) 384.
SC Code § 27-39-230 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-230. Property exempt from distress.

 The following property is exempt from distress for rent:  (1) personal clothing and food within the dwelling;  (2) bedsteads;  (3) bedding and cooking utensils; and  (4) property which is owned by a third party for which the magistrate finds ownership was not transferred from the tenant to the third party for the purpose of avoiding distraint.  HISTORY: 1962 Code Section 41-152; 1952 Code Section 41-152; 1946 (44) 2584; 2000 Act No. 409, Section 3.
SC Code § 27-39-240 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-240. Enforcement of distress warrant.

 The officer to whom a distress warrant is delivered, after the predistress hearing, shall forthwith demand of the tenant payment of the rent with costs as enumerated in the distress warrant. If such amount is paid the officer shall return the warrant with the amount collected to the magistrate who shall settle with the landlord. If the tenant fails or refuses to pay such rent with costs the officer shall distrain sufficient of the property upon the rented premises to pay such amount, giving the tenant a list in writing of the property distrained together with a copy of the distress warrant.  HISTORY: 1962 Code Section 41-153; 1952 Code Section 41-153; 1946 (44) 2584; 1973 (58) 384.
SC Code § 27-39-250 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-250. Property of third party on premises.

 If any property distrained is not the property of the tenant, the tenant shall immediately name the owner and inform the officer of the ownership, and the officer shall distrain sufficient other property of the tenant to pay the rent and costs. Even though property of the tenant must be first applied to payment of the rent and costs, all property upon the rented premises is subject to distress as provided in this section, except property mentioned in Section 27-39-230. If at any time prior to sale, as provided in Section 27-39-320, the landlord is given or receives written notice containing facts substantiating ownership that some of the distrained property is owned by a third party, the third party must receive notice, as provided in Section 27-39-210 , and an opportunity to be heard, as provided in Section 27-39-220. Before the distrained property of the third party is subject to sale pursuant to Section 27-39-320, the magistrate shall find, in a hearing, that the ownership of the property was transferred from the tenant to the third party for the purpose of avoiding distraint. If the magistrate does not make this finding, the property of the third party is exempt from distraint as provided in Section 27-39-230.  HISTORY: 1962 Code Section 41-154; 1952 Code Section 41-154; 1946 (44) 2584; 1985 Act No. 85, Section 1; 2000 Act No. 409, Section 4.
SC Code § 27-39-270 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-270. Property removed from premises.

 Any property belonging to the tenant removed from the premises shall, if found, be subject to distraint and sale, provided such distraint be made within thirty days after such removal.  HISTORY: 1962 Code Section 41-156; 1952 Code Section 41-156; 1946 (44) 2584; 1960 (51) 1602.
SC Code § 27-39-280 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-280. Distraint after expiration of lease of tenant for life of another.

 When tenants pur autre vie hold over the tenements to them demised after the determination of such leases, any person having any rent in arrears or due upon any such lease may distrain for such arrears after the determination of the lease, in the same manner as he might have done if such lease had not been ended or determined; provided, that such distress be made within the space of six calendar months after the determination of such lease during the continuance of such landlord's title or interest and during the possession of the tenant from whom such arrears became due.  HISTORY: 1962 Code Section 41-157; 1952 Code Section 41-157; 1942 Code Section 8821; 1932 Code Section 8821; Civ. C. '22 Section 5287; Civ. C. '12 Section 3517; Civ. C. '02 Section 2431; G. S. 1828; R. S. 1947; 1898 (22) 784; 1946 (44) 2584.
SC Code § 27-39-290 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-290. Reasonableness of distress.

 Any distress must be reasonable in respect to the amount of property distrained.  HISTORY: 1962 Code Section 41-158; 1952 Code Section 41-158; 1946 (44) 2584.
SC Code § 27-39-300 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-300. Damages for unreasonable and excessive distress.

 Any lessor or landlord who makes unreasonable and excessive distress shall be liable for all damages sustained by the tenant whose goods are distrained by reason of such excessive distress. Such damage may be recovered by an action in any court of competent jurisdiction.  HISTORY: 1962 Code Section 41-159; 1952 Code Section 41-159; 1942 Code Section 8824; 1932 Code Section 8824; Civ. C. '22 Section 5290; Civ. C. '12 Section 3520; Civ. C. '02 Section 2434; G. S. 1827; R. S. 1946; 1898 (22) 784.
SC Code § 27-39-310 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-310. Giving bond to free property from distraint.

 Within five days after such distraint the tenant may free the property from the lien of the distraint by giving a bond payable to the landlord in double the amount claimed, with sufficient surety or sureties approved by the court, and the issues thus joined shall be tried by the court. The landlord shall have the right to except to the surety or sureties and the surety or sureties shall justify before the magistrate as provided for justification for sureties in claim and delivery actions.  HISTORY: 1962 Code Section 41-160; 1952 Code Section 41-160; 1946 (44) 2584.
SC Code § 27-39-320 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-320. Sale of distrained property.

 If the tenant fails to give bond as above prescribed then the officer may sell such property at public auction to the highest bidder for cash at a designated place of sale after posting a notice of such sale for five days upon the premises and two other public places in the county stating the time and place of such sale.  HISTORY: 1962 Code Section 41-161; 1952 Code Section 41-161; 1946 (44) 2584.
SC Code § 27-39-330 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-330. Tax liens on property sold under distress.

 The purchaser at a sale of chattels seized under a distress warrant shall take the property subject to any lien for taxes thereon.  HISTORY: 1962 Code Section 41-162; 1952 Code Section 41-162; 1946 (44) 2584.
SC Code § 27-39-340 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-340. Persons who may be purchasers at sale.

 The landlord or any other person may become a purchaser at a sale of chattels under a distress warrant.  HISTORY: 1962 Code Section 41-163; 1952 Code Section 41-163; 1946 (44) 2584.
SC Code § 27-39-350 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-350. Disposition of proceeds from sale.

 If the property distrained brings more than the rent with costs at such sale the surplus shall be paid to the tenant, and the rent shall be paid to the landlord.  HISTORY: 1962 Code Section 41-164; 1952 Code Section 41-164; 1946 (44) 2584.
SC Code § 27-39-360 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 39 - Rent|Section 27-39-360. Remedy of distress deemed cumulative.

 The remedy of distress shall be deemed cumulative with respect to any other remedy for the collection of rent.  HISTORY: 1962 Code Section 41-165; 1952 Code Section 41-165; 1946 (44) 2584.
SC Code § 27-40-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-10. Short title.

 This chapter is known and may be cited as the South Carolina Residential Landlord and Tenant Act.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-20. Purposes; rules of construction.

 (a) This chapter must be liberally construed and applied to promote its underlying purposes and policies.  (b) Underlying purposes and policies of this chapter are:  (1) to simplify, clarify, modernize, and revise the law governing rental of dwelling units and the rights and obligations of landlords and tenants;  (2) to encourage landlords and tenants to maintain and improve the quality of housing.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-30. Supplementary rules of law applicable.

 Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement the provisions of this chapter.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-40. Construction against implicit repeal.

 This chapter being a general chapter intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-50 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-50. Administration of remedies; enforcement.

 (a) The remedies provided by this chapter must be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.  (b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-60 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-60. Settlement of disputed claim or right.

 A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.  HISTORY: 1986 Act No. 336, Section 1.  Subarticle II  Scope and Jurisdiction
SC Code § 27-40-110 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-110. Territorial application.

 This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this State.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-120 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-120. Exclusions from application of chapter.

 The following arrangements are not governed by this chapter:  (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;  (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;  (3) occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization;  (4) transient occupancy in a hotel, motel, or other accommodations subject to the sales tax on accommodations as provided by Section 12-36-920;  (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;  (6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;  (7) occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes;  (8) occupancy under a rental agreement in a premises regulated by the provisions of Chapter 32 of Title 27 of the 1976 Code (Vacation Time Sharing Plan Act).  (9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private.  HISTORY: 1986 Act No. 336, Section 1; 1998 Act No. 382, Section 1.
SC Code § 27-40-130 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-130. Jurisdiction and service of process.

 (a) The circuit courts and magistrate courts of this State shall exercise concurrent jurisdiction over any landlord with respect to any conduct in this State governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court of common pleas or magistrate court by the service of process in the manner provided by this section.  (b) If a landlord is not a resident of this State or is a corporation not authorized to do business in this State and engaged in any conduct in this State governed by this chapter, or engaged in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this State. The agent must be a resident of this State or a corporation authorized to do business in this State. The designation must be in writing and filed with the Secretary of State. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section must be filed with the court of the county wherein the action is instituted on or before the return day of the process, if any, or within any further time the court allows.  HISTORY: 1986 Act No. 336, Section 1.  Subarticle III  General Definitions and Principles Interpretation; Notice
SC Code § 27-40-220 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-220. Obligation of good faith.

 Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-230 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-230. Unconscionability.

 (a) If the court as a matter of law, finds:  (1) a rental agreement was unconscionable when made, the court may refuse to enforce the rental agreement;  (2) any provision of a rental agreement was unconscionable when made, the court may enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result; or  (3) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.  (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.  HISTORY: 1986 Act No. 336, Section 1.
SC Code § 27-40-240 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 40 - Residential Landlord And Tenant Act|Section 27-40-240. Notice.

 (A) A person has notice of a fact if:  (1) the person has actual knowledge of it;  (2) the person has received a notice or notification of it; or  (3) from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.  (B) A person "notifies" or "gives" a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when:  (1) it comes to his attention; or  (2) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or  (3) in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence. Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.  (C) "Notice", knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence.  (D) The time within which an act is to be done must be computed by reference to South Carolina Rules of Civil Procedure.  HISTORY: 1986 Act No. 336, Section 1; 1995 Act No. 112, Section 3.  Subarticle IV  General Provisions