Bill 3745

                    Current Status

Introducing Body:               House
Bill Number:                    3745
Ratification Number:            602
Act Number:                     484
Primary Sponsor:                Hayes
Type of Legislation:            GB
Subject:                        Landlord, legal representative
                                for
Date Bill Passed both Bodies:   Jun 03, 1992
Computer Document Number:       BR1/1413.HC
Governor's Action:              S
Date of Governor's Action:      Jul 01, 1992
Introduced Date:                Mar 28, 1991
Date of Last Amendment:         May 27, 1992
Last History Body:              ------
Last History Date:              Jul 01, 1992
Last History Type:              Act No. 484
Scope of Legislation:           Statewide
All Sponsors:                   Hayes
                                H. Brown
                                Rudnick
                                Baxley
                                Kirsh
                                G. Bailey
                                G. Brown
                                Meacham
                                Nettles
                                Rama
                                Altman
                                Jaskwhich
                                Gentry
                                Wilkes
                                Baker
                                Clyborne
                                T.C. Alexander
                                Rhoad
                                McCain
                                Sharpe
                                Harvin
                                Tucker
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3745  ------  Jul 01, 1992  Act No. 484
 3745  ------  Jul 01, 1992  Signed by Governor
 3745  ------  Jun 04, 1992  Ratified R 602
 3745  House   Jun 03, 1992  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3745  Senate  May 28, 1992  Read third time, returned
                             with amendment
 3745  Senate  May 27, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Thursday, May 28,
                             1992
 3745  Senate  May 26, 1992  Committee Report: Favorable     12
                             with amendment
 3745  Senate  May 05, 1992  Introduced, read first time,    12
                             referred to Committee
 3745  House   Apr 30, 1992  Amended, read third time,
                             sent to Senate
 3745  House   Apr 29, 1992  Amended, read second time
 3745  House   Apr 15, 1992  Committee Report: Favorable     26
                             with amendment
 3745  House   Mar 28, 1991  Introduced, read first time,    26
                             referred to Committee

(A484, R602, H3745)

AN ACT TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONCOMPLIANCE BY A TENANT WITH THE RENTAL AGREEMENT UNDER THE PROVISIONS OF THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE WITHIN THE PROVISIONS THE NONCOMPLIANCE WITH SECTION 27-40-540 (PROHIBITION ON ILLEGAL ACTIVITIES), TO AUTHORIZE A LICENSED REAL ESTATE BROKER-IN-CHARGE, IN ADDITION TO THE LANDLORD, TO RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF, TO AUTHORIZE THE BROKER OR LANDLORD TO OBTAIN JUDGMENTS OR EVICTIONS UNDER THE PROCEDURES ESTABLISHED IN THE SECTION, AND TO PROVIDE THAT A LICENSED REAL ESTATE BROKER-IN-CHARGE OR A LICENSED PROPERTY MANAGER IN THE CONDUCT OF HIS BUSINESS MAY IN PERSON, OR BY A REGULAR EMPLOYEE, COMPLETE A FORM WRIT OF EVICTION AND PRESENT FACTS TO A JUDICIAL OFFICER IN BEHALF OF HIS LANDLORD/PRINCIPAL IN SUPPORT OF AN ACTION FOR THE APPROPRIATE REMEDY IF NO SEPARATE CHARGE IS MADE FOR THIS SERVICE, AND TO PROVIDE THAT A LANDLORD MAY RECOVER ATTORNEY'S FEES ONLY WHEN REPRESENTED BY AN ATTORNEY.

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

Remedies

SECTION 1. Section 27-40-710 of the 1976 Code is amended to read:

"Section 27-40-710. (A) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days. The rental agreement terminates as provided in the notice except that:

(1) if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach before the date specified in the notice, or

(2) if the remedy cannot be completed within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time, the rental agreement may not terminate by reason of the breach.

(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement.

(C) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or evictions in magistrate's or circuit court without posting bond for any noncompliance by the tenant with the rental agreement or Section 27-40-510. A real estate broker-in-charge licensed in this State or a licensed property manager, in the conduct of his licensed business may, either in person or through one or more regular employees, complete a form writ of eviction and present facts to judicial officers on behalf of his landlord/principal in support of an action for eviction and/or distress and/or abandonment for which no separate charge is made for this service. If the tenant's noncompliance is wilful other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney. If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney.

(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 may be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. The notice of eviction must clearly inform the tenant of the provisions of this section. The municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section."

Time effective

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

Approved the 1st day of July, 1992.