A bill

to amend the South Carolina Code of Laws by adding Section 27-40-435 so as to IMPOSE UPON LANDLORDS A DUTY TO PROVIDE CERTAIN SECURITY TO PROTECT TENANTS FROM CRIMINAL ACTIVITIES OF THIRD PARTIES, TO PROVIDE LANDLORDS WHO ARE NEGLIGENT IN THE PERFORMANCE OF THIS DUTY MAY BE LIABLE FOR DAMAGES PROXIMATELY CAUSED TO THE TENANT BY SUCH CRIMINAL ACTIVITIES, TO IMPOSE RELATED DUTIES CONCERNING SECURITY MEASURES THAT MUST BE PROVIDED, AND PROVIDE A NECESSARY DEFINITION.

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

SECTION 1.   Article 3, Chapter 40, Title 27 of the S.C. Code is amended by adding:

   Section 27-40-435.   (A) A landlord owes a duty to a tenant to provide security in and around a leased premises to protect the tenant from criminal activity of third parties and if negligent in the performance of this duty may be liable to the tenant for any damages to the tenant proximately caused by such criminal activities.

   (B) A landlord shall:

      (1) equip any multifamily dwelling that he leases or rents with a security system that includes video monitoring, security, and fire alarm systems in any multifamily dwelling that he leases or rents;

      (2) ensure the proper operation of these systems through the use of a security monitoring service; and

      (3) provide any video recordings made by the system to law enforcement and a tenant as needed in the course of investigating criminal activity on the premises.

   (C) For purposes of this section, "multifamily dwelling" means a structure that includes four or more single family residences as defined in Section 27-40-210(14).

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

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