reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-75. Lessee's obligations as to use and maintenance; lessor's right to inspect.

(A) Unless otherwise agreed to in a commercial lease agreement or a security agreement, this section applies to all leases on commercial units located in South Carolina.
(B) A lessee must:
(1) comply with all obligations imposed upon lessees by applicable building and housing code provisions that materially affect health and safety;
(2) not deliberately or negligently destroy, deface, damage, impair, abuse, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the lessee's permission or who is allowed access to the premises by the lessee;
(3) conduct himself and require other persons on the premises with the lessee's permission or who are allowed access to the premises by the lessee to conduct themselves in a manner that will not disturb other lessees' peaceful enjoyment of the premises; and
(4) comply with the commercial lease agreement or security agreement.
(C) In cases of real estate, fixtures, and equipment, or any of them that are the subject of a commercial lease agreement, the lessor has the right to enter and inspect the leased premises as provided in subsection (D) to determine if the leased real estate, fixtures, and equipment, or any of them:
(1) are being used in a reasonable and safe manner as provided in subsection (B) or in the commercial lease agreement or security agreement; and
(2) are being negligently, deliberately, or knowingly destroyed, defaced, damaged, impaired, abused, or removed in violation of subsection (B) or the terms of the commercial lease agreement or security agreement.
(D) The lessor must not abuse the right to enter and inspect the premises pursuant to this section and must not use this right of access to harass the lessee. Except in the case of a demonstrable emergency, the lessor must give the lessee at least twenty-four hours' written notice of his intent to enter and inspect the premises, and the entry must be scheduled at a reasonable time.
(E) A lessee must not unreasonably withhold consent to the lessor to enter and inspect the subject premises for the purposes described in subsection (C).
(F) If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises as described in subsection (C), the lessor may obtain injunctive relief in the magistrates court or the circuit court in the county in which the property is located, without posting bond, to compel access. If injunctive relief is sought, the prevailing party may recover actual damages and reasonable attorney's fees and costs.
HISTORY: 2005 Act No. 15, Section 1.
Editor's Note
2005 Act No. 15, Section 2, provides in part as follows:
This act . . . . applies to all leases on commercial units located in South Carolina, whether created before or after this act's effective date [January 1, 2005]. The obligations imposed and rights created by this act accrue on or after the effective date of the act.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-80. Attornments by tenants.

To prevent the difficulty and expense to which a landlord or lessor may be put by the fraudulent practice of tenants in attorning to strangers who claim title to the estates of their respective landlords or lessors, every such attornment of any tenant of any lands, tenements or hereditaments shall be absolutely null and void to all intents and purposes whatsoever and the possession of the landlord or lessor shall not be deemed or construed to be in any wise changed, altered or affected by any such attornment. But nothing herein contained shall extend to vacate or affect any attornment made pursuant to, and in consequence of, some judgment, decree or order of court or made with the privity and consent of the landlord or lessor or pursuant to Section 27-35-50.
HISTORY: 1962 Code Section 41-58; 1952 Code Section 41-58; 1942 Code Section 8803; 1932 Code Section 8803; Civ. C. '22 Section 5269; Civ. C. '12 Section 3499; Civ. C. '02 Section 2413; G. S. 1810; R. S. 1929; 1712 (2) 575.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-90. Time for payment of rents.

Unless otherwise agreed upon rents shall be payable monthly and at the end of each calendar month, excepting rents for farm lands.
HISTORY: 1962 Code Section 41-59; 1952 Code Section 41-59; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-100. Time of termination of farm tenancies.

All tenancies of farm laborers, sharecroppers and renters of farm lands shall end on the last day of December in each year unless there be an express agreement to the contrary or unless continued by operation of law as herein provided.
HISTORY: 1962 Code Section 41-60; 1952 Code Section 41-60; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-110. Time of expiration of agreed tenancy for term or years.

When there is an express agreement, either oral or written, as to the term of the tenancy of a tenant for term or for years such tenancy shall end without notice upon the last day of the agreed term.
HISTORY: 1962 Code Section 41-62; 1952 Code Section 41-62; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-120. Termination of month to month tenancy.

A tenancy from month to month may be ended by either party giving to the other written notice of thirty days to the effect that such tenancy shall be then terminated. No such tenancy shall ripen into a tenancy from year to year.
HISTORY: 1962 Code Section 41-63; 1952 Code Section 41-63; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-130. Notice required for tenants at will and domestic servants.

All tenants at will and domestic servants shall vacate the premises occupied upon twenty days' written notice.
HISTORY: 1962 Code Section 41-64; 1952 Code Section 41-64; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-140. Failure to pay rent.

Failure to pay the rent agreed upon when due, or a reasonable rent for use and occupation when demanded, shall terminate all tenancies for a term, for years, from month to month and at will and the tenant shall forthwith vacate the premises without notice.
HISTORY: 1962 Code Section 41-65; 1952 Code Section 41-65; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-150. Abandonment of premises.

When a tenant abandons premises theretofore occupied by him the landlord may enter and take possession thereof, making distraint as herein provided of any property found thereon, including the property exempt from distress by the provisions of Section 27-39-230 and the term of a tenant abandoning premises used and occupied by him as such shall be deemed ended by such abandonment. Absence from the property for fifteen days after default in the payment of rent shall be construed as abandonment.
HISTORY: 1962 Code Section 41-66; 1952 Code Section 41-66; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-160. Unlawful abandonment of buildings without notice.

Any tenant abandoning a building and leaving it open and exposed to vandalism without giving notice to the landlord of such action shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 41-67; 1962 (52) 1909.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-170. Holding over following demand for possession; penalty.

All tenants, whether for life or years, by sufferance or at will, or persons coming in under or by collusion with them who shall hold over after the legal determination of their estates, after demand made in writing for delivering possession thereof by the person having the reversion or remainder therein or his agent, for the space of three months after such demand shall forfeit double the value of the use of the premises, recoverable by action.
HISTORY: 1962 Code Section 41-72; 1952 Code Section 41-72; 1942 Code Section 8800; 1932 Code Section 8800; Civ. C. '22 Section 5267; Civ. C. '12 Section 3497; Civ. C. '02 Section 2411; G. S. 1808; R. S. 1927; 1808 (5) 565.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-180. Penalty for not delivering possession after notice of intent to quit.

In case any tenant shall give notice in writing of his intention to quit the premises rented by him and shall not accordingly deliver up the possession at the time in such notice contained, the tenant, his executors or administrators, shall pay to the landlord double the rent which he otherwise would have been liable to pay. But nothing herein contained shall be construed to give such tenant a right to discontinue or determine his tenancy by such notice in any other manner than according to the laws of force at the time of giving such notice.
HISTORY: 1962 Code Section 41-73; 1952 Code Section 41-73; 1942 Code Section 8814; 1932 Code Section 8814; Civ. C. '22 Section 5280; Civ. C. '12 Section 3510; Civ. C. '02 Section 2424; G. S. 1820; R. S. 1940; 1712 (2) 578; 1808 (5) 565.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-10. Grounds for ejectment of tenant.

(A) The tenant may be ejected upon application of the landlord or his agent when (1) the tenant fails or refuses to pay the rent when due or when demanded, (2) the term of tenancy or occupancy has ended, or (3) the terms or conditions of the lease have been violated.
(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B).
HISTORY: 1962 Code Section 41-101; 1952 Code Section 41-101; 1946 (44) 2584; 2000 Act No. 409, Section 5.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-20. Ejectment proceedings.

Any tenant may be ejected in the following manner, to wit: Upon application by the landlord or his agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten days after service of a copy of such rule upon the tenant.
HISTORY: 1962 Code Section 41-102; 1952 Code Section 41-102; 1946 (44) 2584; 1950 (46) 2305.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-40. Tenant ejected on failure to show cause.

If the tenant fails to appear and show cause within the aforesaid ten days then the magistrate shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county.
HISTORY: 1962 Code Section 41-104; 1952 Code Section 41-104; 1946 (44) 2584; 1950 (46) 2305.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-50. Change of venue.

The magistrate may grant a change of venue in an ejectment case as in any other civil case on a proper showing.
HISTORY: 1962 Code Section 41-105; 1952 Code Section 41-105; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-60. Trial of issue.

If the tenant appear and contest ejectment the magistrate shall forthwith hear and determine the case as any other civil case, allowing trial by jury if demanded by either party.
HISTORY: 1962 Code Section 41-106; 1952 Code Section 41-106; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-70. Designation of parties in ejectment.

In any trial before the magistrate in an ejectment case either with or without jury the landlord may be designated as plaintiff and the tenant as defendant.
HISTORY: 1962 Code Section 41-107; 1952 Code Section 41-107; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-80. Jury trial.

Either landlord or tenant may demand trial by jury. In such case a jury shall be summoned and a jury trial had as in any other civil case. Upon the testimony offered, under instructions by the magistrate as to the law, the jury shall find for either the landlord or tenant as in any other civil case.
HISTORY: 1962 Code Section 41-108; 1952 Code Section 41-108; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-90. New trial.

When a jury is had in an ejectment case the magistrate may grant a new trial as in any other civil case.
HISTORY: 1962 Code Section 41-109; 1952 Code Section 41-109; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-100. Effect of verdict for plaintiff.

If the verdict be for the plaintiff the magistrate shall within five days issue a writ of ejectment and the tenant shall be ejected by the constable or special constable or the sheriff of the county.
HISTORY: 1962 Code Section 41-110; 1952 Code Section 41-110; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-110. Effect of verdict for defendant.

If the verdict be for the defendant then the tenant shall remain in possession until (a) the termination of his tenancy by agreement or operation of law, (b) failure or neglect to pay rent or (c) ejected in another proceeding under this chapter or by the judgment of a court of competent jurisdiction.
HISTORY: 1962 Code Section 41-111; 1952 Code Section 41-111; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-120. Appeal.

Either party may appeal in an ejectment case and such appeal shall be heard and determined as other appeals in civil cases from the magistrate's court.
HISTORY: 1962 Code Section 41-112; 1952 Code 41-112; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-130. Bond required to stay ejectment on appeal.

An appeal in an ejectment case will not stay ejectment unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the magistrate and conditioned for the payment of all costs and damages which the landlord may sustain thereby. In the event the tenant shall fail to file the bond herein required within five days after service of the notice of appeal such appeal shall be dismissed by the trial magistrate.
HISTORY: 1962 Code Section 41-113; 1952 Code Section 41-113; 1946 (44) 2584; 1950 (46) 2305.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-140. Action of tenant wrongfully dispossessed.

In case any tenant is wrongfully dispossessed he may have an action for damages against the landlord.
HISTORY: 1962 Code Section 41-114; 1952 Code Section 41-114; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-150. Accrual of rent after institution of proceedings.

After the commencement of ejectment proceedings by the issuance of a rule to vacate or to show cause as herein provided, the rental for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises, at the same rate as prevailed immediately prior to the issuance of such rule, and the tenant shall be liable for the payment of such rental, the collection of which may be enforced by distress as herein provided with respect to other rents. But the acceptance by the landlord of any rent, whether it shall have accrued at the time of issuing such rule or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon ejectment, nor as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the rule shall control.
HISTORY: 1962 Code Section 41-115; 1952 Code Section 41-115; 1950 (46) 2305.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-155. Commercial lease contract claims and counterclaims.

(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.
HISTORY: 2006 Act No. 361, Section 1, eff June 9, 2006.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 37 - Ejectment Of Tenants › Section 27-37-160. Execution of writ of ejectment.

In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours or the premises appear unoccupied, the constable or deputy sheriff shall announce his identity and purpose. If necessary, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. If the premises appear to be occupied and the occupant does not respond, the constable or deputy sheriff shall leave a copy of the writ taped or stapled at each corner and attached at the top of either the front or back door or in the most conspicuous place. Twenty-four hours following the posting of the writ, if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. Discretion may be exercised by the constable or deputy sheriff in granting a delay in the dispossession of ill or elderly tenants.
HISTORY: 1986 Act No. 336, Section 3; 1994 Act No. 465, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 39 - Rent › Section 27-39-10. Collection of agricultural rents and advances; liens therefor not affected.

The remedy of distress given in Article 3 of this chapter shall not affect the right of a landlord to collect farm or agricultural rents by seizure or attachment of crops growing or gathered as provided by law, nor shall Chapters 33 through 41 of this Title affect liens for agricultural rents and for advances to agricultural tenants as otherwise provided by law.
HISTORY: 1962 Code Section 41-3; 1952 Code Section 41-3; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 39 - Rent › Section 27-39-20. Validity of payment of rent for period longer than twelve months.

Any payment made in anticipation of rent for a longer period than twelve months shall not be considered a valid discount against the claims and rights of third persons.
HISTORY: 1962 Code Section 41-201; 1952 Code Section 41-201; 1942 Code Section 8804; 1932 Code Sections 8804, 8875; Civ. C. '22 Section 5270; Civ. C. '12 Section 3500; Civ. C. '02 Section 2414; G. S. 1810; R. S. 1930; 1876 (16) 92.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 39 - Rent › Section 27-39-30. Effect of payment of rent to grantor or conusor.

No tenant shall be prejudiced or damaged by payment of any rent to any grantor or conusor or by breach of any condition for nonpayment of rent before notice shall be given to him of such grant by the conusee or grantee.
HISTORY: 1962 Code Section 41-202; 1952 Code Section 41-202; 1942 Code Section 8816; 1932 Code Section 8816; Civ. C. '22 Section 5282; Civ. C. '12 Section 3512; Civ. C. '02 Section 2426; G. S. 1823; R. S. 1942.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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
2023 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.
2023 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.
2023 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
2023 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.
2023 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.
2023 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
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 40 - Residential Landlord And Tenant Act › Section 27-40-310. Terms and conditions of rental agreement.

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
(b) In absence of agreement, the tenant shall pay as rent the fair-market rental value for the use and occupancy of the dwelling unit.
(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day to day.
(d) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month.
HISTORY: 1986 Act No. 336, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 40 - Residential Landlord And Tenant Act › Section 27-40-320. Effect of unsigned or undelivered rental agreement.

(a) If the landlord does not sign and deliver a written rental agreement which has been signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.
(b) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to the tenant by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.
(c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.
HISTORY: 1986 Act No. 336, Section 1.