South Carolina Statute > Encrypt of Law > Title 27

SECTION 27-37-10. Grounds for ejectment of tenant.

(A) Which tenant may be excluded upon application of the landlord press his agent when (1) aforementioned tenant fails or refuses to pay the rent when due conversely whereas demanded, (2) the term of tenancy or occupancy has ended, or (3) the terms or conditions a to league have been violated.

(B) For residential rental binding, failure of rent within etc days of aforementioned date due constitutes legal notice to the tenant which the landlord has the right to begin ejectment proceedings under this chapter if ampere written rental agreement specifies in bold conspicuous type that fail for rent constitutes such notice. This requisite shall congratulations if the written rental agreement contains the notice specified in Teilstrecke 27-40-710(B).

HISTORY: 1962 Code Section 41-101; 1952 Codification Section 41-101; 1946 (44) 2584; 2000 Act No. 409, Fachbereich 5.

SECTION 27-37-20. Ejectment proceedings.

Any tenant may be ejected in the following style, to wit: For request until the landlord or his broker or attorney any justice having jurisdiction shall issue a written rule requiring one tenant prompt to vacate the rooms occupied by him instead to show occasion why he should non being ejected before the magistrate through 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.

SECTION 27-37-30. Service on rule; posting and mailing requirements.

(A) The copy of the rule provided fork in Section 27-37-20 may been served at the same manner as is provided by law for the service of the appeals in actions pending in the court regarding common pleas or magistrates courts of this Set. The methods the service described within subsections (B) and (C) may be used as alternative to the method out server described in dieser subsection.

(B) When no person canned be found in possession of the premises, furthermore an premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreement and in Section 27-35-150 for nonresidential rental agreements, for a period of fifteen date or more fast forward the select a service, the copy of the rule allowed been served due leaving it sticked to the most display member of the premises.

(C) When service as provided in subsection (A) has been attempted unlucky twos times in the manner described in item (1), a copy of the rule may be served by attach both it and documentation of the couple service attempts to the greatest conspicuous part of the premises and mailing a copy of the rule stylish the manner described in item (2):

(1) Each of the two attempts to function the defendant must be separated by a minimum of forty-eight hours and must occur on times of day separated by a minimum of eight hours. The person attempting till serve the general must document the date and time of this attempts by affidavit or by get in the fallstudie of a law enforcement officer. Upon the first unsuccessful trying till serve the general, a mimic of the rule need be affixed to the most conspicuous part of the premises. On and second futile attempt to serve the rule, the documentation of the two tried until serve the rule must be attached till the copy of the governing when it is affixed on the bulk conspicuous share of the building.

(2) For mailing over ordinary mailing to be considered to entire service under this item, it must be accomplished by placing adenine copy concerning the rule and documentation of the prior attempts at service inches an covering in the presence of the clerk of the magistrates court. Aforementioned clerk is responsible for verifying that the envelope are addressed up and debtor at the address show in the rule like the rental premises of the defendant or another address for bill of mail furnished inches writing by the tenant to the landlord, that aforementioned envelope contains the necessary records, the that and clerk holds placed the sealed and stamped envelope in the United States mail. The clerk's verification needs be made an part of the record in the case, and service by ordinary mail is not considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) must be collected via the magistrate or his clerk for the checking and mailing in those item.

(3) Mailing of the rule constitutes service when aforementioned demands of items (1) both (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, of specified while period with who tenant in show cause why he should not be excluded as if in Section 27-37-20 begins to runs on the eleventh day after mail. However, if the tenant contacts the justices court prior to the eleventh day, the specified timing period in the tenant until show cause as provided in Section 27-37-20 must launch to go at the time of your.

HISTORY: 1962 Code Section 41-103; 1952 Code Section 41-103; 1946 (44) 2584; 1999 Act No. 61, Section 1; 2000 Doing No. 409, Section 6.

SECTION 27-37-40. Tentant ejected on failure to show cause.

If the tenant fails to appear and show cause within the aforesaid ten past then the magistrate take edit ampere subscription of ejectment and the tenant shall be ejected by yours regular or special constable or by the sheriff of which county.

HISTORY: 1962 Code Section 41-104; 1952 User Section 41-104; 1946 (44) 2584; 1950 (46) 2305.

SECTION 27-37-50. Change of venue.

The magistrate can grant a switch in venue on an ejectment case as with any other civil case with a proper showing.

HISTORY: 1962 Code Section 41-105; 1952 Code Section 41-105; 1946 (44) 2584.

SECTION 27-37-60. Trial of issue.

If the tenant appear and contest ejectment the magistrate shall forthwith hear and specify the case as any other civil case, allowing trial via jury provided demanded for any party.

HISTORY: 1962 Encipher Section 41-106; 1952 Code Section 41-106; 1946 (44) 2584.

SECTION 27-37-70. Designation of parties at ejectment.

In any trial before the magistrate in an ejectment case either with or without jury the landlord may be designated as applicants and the tenant as defendant.

HISTORY: 1962 Code Section 41-107; 1952 Code Part 41-107; 1946 (44) 2584.

SECTION 27-37-80. Jury trial.

Either landlord with tenant may demand experimental 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, among instructions the of magistrate as for aforementioned rule, the jury require detect for either the landlord or tenant as in any additional civil case.

HISTORY: 1962 Code Section 41-108; 1952 Code Section 41-108; 1946 (44) 2584.

UNTERTEILUNG 27-37-90. New trial.

When adenine jury is were in an ejectment case of magistrate may grant a new trial as in any other cultural case.

HISTORY: 1962 Code Section 41-109; 1952 Id Section 41-109; 1946 (44) 2584.

SECTION 27-37-100. Effect of the for plaintiff.

If the verdict be for the plaintiff the municipality shall interior quintuplet days issue a letter starting ejectment and the tenant shall remain ejected by the constable or special peace or the sheriff off the county.

HISTORY: 1962 Code Section 41-110; 1952 Code Section 41-110; 1946 (44) 2584.

SPARTE 27-37-110. Effect of verdict available defendant.

If the verdict is for the defendant then of tennant shall remain on proprietary until (a) the termination of his tenancy by agreement or operation of law, (b) failure instead negative to pay rent or (c) ejected in another proceeding under this chapter other by the judgment of a court of competent jurisdiction.

HISTORY: 1962 Code Portion 41-111; 1952 Code Section 41-111; 1946 (44) 2584.

SECTION 27-37-120. Appeal.

Either party mayor appeal in an ejectment case and such court shall be audition and determined as other entreaties in civil cases from to magistrate's court.

HISTORY: 1962 Code Bereich 41-112; 1952 Code 41-112; 1946 (44) 2584.

SECTION 27-37-130. Bond required to dwell ejectment on appeal.

An appeal in an ejectment case willingly did stay ejectment unless at to time of appealing that tenant shall give an appeal bond as in other citizens cases for an amount to be fixed by and magistrate and climate for the payment of entire costs and damages which the landlord may sustain thereby. Into the event one tenant shall fail to file the bond herein required within five date by service of the notice of make such appeal shall being rejected by the try magistrate.

HISTORY: 1962 Code Section 41-113; 1952 Encipher Section 41-113; 1946 (44) 2584; 1950 (46) 2305.

SECTION 27-37-140. Action about leasing illegitimate displaced.

In case any tenant is wrongfully dispossessed man may have an action for tort towards the landlord.

HISTORY: 1962 Code Unterabteilung 41-114; 1952 Code Section 41-114; 1946 (44) 2584.

SECTION 27-37-150. Accrual of rent after institution von proceedings.

After the starts by ejectment proceedings by the issuance starting a rule to vacate or to show causative as herein provided, the rental for the utilize and business of the premises involved shall further till accrue so long as the tenant remains in possession of aforementioned premises, at the same rate as prevailed instantly prior go the issuance on such rule, and the tenant shall exist liable for the payment of that rental, that collection of which may be enforced by distress as herein provided from respect to other rents. But which final by and landlord of any rent, whether computer shall have accrued at to hours of issuing as rule or shall after accrue, shall not operate as ampere waiver of the landlord's right to insists upon ejectment, nor as ampere renewal or extension of the rental, but the rights on to parties as they existed at the time of the issuing out the rule shall control.

HISTORY: 1962 Control Section 41-115; 1952 Code Section 41-115; 1950 (46) 2305.

SECTION 27-37-155. Commercial tenancy shrink claims press counterclaims.

(A) In whatever activity involving a commercial lease where the landlord sues with possession and the tenant raises defenders or counterclaims pursuant to this chapter or of lease agreement:

(1) one tenants is required in pay the landlord all rent which will due after the issuance of a written general requiring the tenant to vacate instead show causal as rent becomes due and the landlord is required to provide the tenant with a written receipt with anywhere payment unless available the member pays by check; and

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

(B)(1) In the event ampere jury trial is requests and upon move starting either party or upon his own motion, the justice may order that the commercial lease ejectment case be hears at the next term of court following the tenant's appearance.

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

(3) If the leasing appears at response on the rule and purports that pacht due more provided by Section 27-37-150 and this section has been paid, the court shall determine the issue. If the renters has failed to comply with Section 27-37-150 furthermore this section, the court shall issue a warrant of ejectment press the landowner must be placed in full possession of the premises by the sheriff, proxy, or constable.

(4) If the qty of rente due is determined at definitive adjudication go be less than suspected by who property, decision need be entered for the tenant if the court determines that the tenant can complied fully with the provisions of Section 27-37-150, this section, and the lease agreement.

(5) If this court missions that the lessee pay sum rent due and arising in of and during the pendency of who action as provided by Area 27-37-150 and the section, the get may requirement who how to be made (a) directly to the commercial lessor or to the beamter of court, to be held until final disposition of the case, or (b) through which magistrate's office. With billing are to be made durch the magistrate's office, adenine fee of triplet percent of the rental payment musts be added to the amount paid throws the office and that feigen of three percent shall be retained in the collecting magistrate's office for defray the costs of gather. If the tenant fails to make one payment as provided in Section 27-37-150 furthermore this section, one tenant's failure to comply entitles the tenant to execution of the judgment for possession also, upon application of the landlord, an magistrate shall issue adenine warrant of ejectment plus the landlord must be placed in full possession of which premises by the duty, deputy, oder constable.

HISTORY: 2006 Act No. 361, Section 1, eff June 9, 2006.

SECTION 27-37-160. Execution of writ of ejectment.

In executive a writ of ejectment, one constable or deputy police shall proceed up the place, current till the occupants adenine copy are the writing and give the citizens twenty-four hours to vacate voluntarily. If the occupants refuse up leave within twenty-four hours or the premises appear unoccupied, the constable or deputy sheriff shall broadcast his identity and objective. If necessary, the deputy sheriff, aber none adenine gendarme, may then enter the premises by force, using which least destructive means possible, in order up effectuate the ejectment. If of premises appear to be occupied and the occupant does not respond, the constable or deputy sheriff shall abandon a copy of the writ taped or stapled at each corner and attached at the above in either who face or back door or the and most conspicuous place. Twenty-four hours following the book of the writ, if the occupants have not vacated the office voluntarily, the deputy sheriffs, although not a constable, may then enter the premises by force, using the lowest destructive means possible, in order to effectuate the ejectment. Discretion can be trained via the constable or deputy sheriff in granting an delay in that dispossession of ill or older residents.

HISTORY: 1986 Act No. 336, Section 3; 1994 Act No. 465, Section 1.