South Carolina General Assembly
110th Session, 1993-1994

Bill 398


                    Current Status
Introducing Body:               Senate
Bill Number:                    398
Ratification Number:            515
Act Number:                     465
Primary Sponsor:                Hayes
Type of Legislation:            GB
Subject:                        Landlord, obligation of
Date Bill Passed both Bodies:   19940527
Computer Document Number:       EGM/18102DW.93
Governor's Action:              S
Date of Governor's Action:      19940714
Introduced Date:                19930209
Date of Last Amendment:         19940308
Last History Body:              ------
Last History Date:              19940714
Last History Type:              Act No. 465
Scope of Legislation:           Statewide
All Sponsors:                   Hayes
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
398    ------  19940714      Act No. 465
398    ------  19940714      Signed by Governor
398    ------  19940602      Ratified R 515
398    House   19940527      Read third time, enrolled for
                             ratification
398    House   19940526      Read second time, unanimous
                             consent for third reading on
                             next Legislative day
398    House   19940518      Committee Report: Favorable     25
398    House   19940309      Introduced, read first time,    25
                             referred to Committee
398    Senate  19940308      Amended, read third time,
                             sent to House
398    Senate  19940217      Amended, read second time
398    Senate  19940216      Committee Report: Favorable     11
                             with amendment
398    Senate  19930209      Introduced, read first time,    11
                             referred to Committee
View additional legislative information at the LPITS web site.


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

(A465, R515, S398)

AN ACT TO AMEND SECTION 27-37-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTION OF A WRIT OF EJECTMENT, SO AS TO GIVE THE OCCUPANT TWENTY-FOUR HOURS TO VACATE VOLUNTARILY, PROVIDE THAT IF THE OCCUPANT REFUSES TO VACATE WITHIN TWENTY-FOUR HOURS AND THE PREMISES APPEAR TO BE OCCUPIED AND THE OCCUPANT DOES NOT RESPOND, THE CONSTABLE OR DEPUTY SHERIFF SHALL LEAVE A COPY OF THE WRIT ATTACHED AT THE TOP OF THE DOOR OR IN THE MOST CONSPICUOUS PLACE, TO PROVIDE THAT TWENTY-FOUR HOURS FOLLOWING THE POSTING OF THE WRIT, IF THE OCCUPANTS HAVE NOT VACATED THE PREMISES VOLUNTARILY, THE DEPUTY SHERIFF MAY ENTER THE PREMISES BY FORCE, USING THE LEAST DESTRUCTIVE MEANS POSSIBLE, IN ORDER TO EFFECTUATE THE WRIT.

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

Writ of ejectment

SECTION 1. Section 27-37-160 of the 1976 Code is amended to read:

"Section 27-37-160. 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."

Time effective

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

Approved the 14th day of July, 1994.