A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-1-80 SO AS TO PROVIDE THAT A PROPERTY OWNER MAY REQUEST FOR THE IMMEDIATE REMOVAL OF A PERSON UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING AND TO PROVIDE FOR A COMPLAINT FORM; AND BY ADDING SECTION 16-11-40 SO AS TO PROVIDE FOR CERTAIN PENALTIES FOR A PERSON WHO UNLAWFULLY DETAINS OR OCCUPIES RESIDENTIAL PROPERTY.

 

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

 

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

 

    Section 27-1-80. (A) A property owner or his authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:

       (1) the requesting person is the property owner or authorized agent of the property owner;

       (2) the real property that is being occupied includes a residential dwelling;

       (3) an unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner's property;

       (4) the real property was not open to members of the public at the time the unauthorized person or persons entered;

       (5) the property owner has directed the unauthorized person to leave the property;

       (6) the unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner;

       (7) the unauthorized person or persons are not immediate family members of the property owner; and

       (8) there is no pending litigation related to the real property between the property owner and any known unauthorized person.

    (B) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or his authorized agent must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property form to the sheriff of the county in which the real property is located. The submitted complaint must be in substantially the following form:

 

"COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY

 

    I, the owner or authorized agent of the owner of the real property located at ... ..., declare under the penalty of perjury that (initial each box):

 

1. .... I am the owner of the real property or the authorized agent of the owner of the real property.

2. .... I purchased the property on ___.

3. .... The real property is a residential dwelling.

4. .... An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.

5. .... The real property was not open to members of the public at the time the unauthorized person or persons entered.

6. .... I have directed the unauthorized person or persons to leave the real property, but they have not done so.

7. .... The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.

8. .... The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.

9. .... The unauthorized person or persons are not immediate family members of the property owner.

10. .... There is no litigation related to the real property pending between the property owner and any person sought to be removed.

11. .... I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.

12. .... I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property.

13. .... A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached.

 

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY.

 

(Signature of Property Owner or Agent of Owner)"

    (C) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff also shall attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.

    (D) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or his authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.

    (E) A person may bring a civil cause of action for wrongful removal under this section. A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. The court shall advance the cause on the calendar.

    (F) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.

 

SECTION 2.  Article 1, Chapter 11, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-11-40.  (A) Notwithstanding any other provision of law, a person who unlawfully detains or occupies or trespasses upon a residential dwelling and who intentionally damages the dwelling causing one thousand dollars or more in damages is guilty of a felony and, upon conviction, must be imprisoned not less than fifteen years and fined up to ten thousand dollars.

    (B) Notwithstanding any other provision of law, any person who, with the intent to detain or remain upon real property, knowingly and wilfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights is guilty of a misdemeanor and, upon conviction, may be imprisoned up to one year.

    (C) Notwithstanding any other provision of law, a person who lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he has no lawful ownership in the property or leasehold interest in the property, is guilty of a felony and, upon conviction, must be imprisoned no more than thirty years and fined up to ten thousand dollars.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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