Indicates Matter Stricken

Indicates New Matter

Amended

04/03/24

S. 723

Introduced by Senators Talley, Turner, Campsen and Bennett

S. Printed 04/03/24--S.                                                                          [SEC 4/4/2024 12:50 PM]

Read the first time April 12, 2023

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 27-40-20, RELATING TO THE PURPOSES AND RULES OF CONSTRUCTION FOR THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO EXEMPT CERTAIN TENANCIES FROM THE ACT; AND BY AMENDING SECTION 45-2-60, RELATING TO THE EJECTMENT OF A PERSON FROM A LODGING ESTABLISHMENT, SO AS TO AUTHORIZE AN INNKEEPER TO REQUEST ASSISTANCE FROM LAW ENFORCEMENT TO EJECT A PERSON AND TO PROVIDE THAT A PERSON EJECTED FROM A CAMPGROUND HAS TEN DAYS TO MAKE A CLAIM FOR PROPERTY LEFT AT THE TIME OF EJECTMENT.

    Amend Title To Conform

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

SECTION 1.  Section 27-40-120 of the S.C. Code is amended to read:

    Section 27-40-120. The following arrangements are not governed by this chapter:

    (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;

    (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;

    (3) occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

    (4) transient occupancy in a hotel, motel, or other accommodations subject to the sales tax on accommodations as provided by Section 12-36-920;

    (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;

    (6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

    (7) occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes;

    (8) occupancy under a rental agreement in a premises regulated by the provisions of Chapter 32 of Title 27 of the 1976 Code (Vacation Time Sharing Plan Act).;

    (9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private; or

    (10) tenancy where a rental space is offered for occupancy in a vehicle which primarily is designed as temporary living quarters for recreational camping or travel use that has its own motor or is mounted on or drawn by another vehicle.

SECTION 2.  Chapter 2, Title 45 of the S.C. Code is amended by adding:

    Section 45-2-65. (A) After making a reasonable attempt to verbally warn a tenant to cease and desist, the owner, operator, manager, or keeper of a campground has the right to demand the tenant's removal and request law enforcement assistance to immediately remove a tenant who by violating any of the provisions of Section 45-2-60 has willfully denied any other tenants their right to quiet enjoyment of their tenancies.

    (B) A tenant who refuses to leave after receiving the warning and demand as provided in subsection (A) may be arrested by law enforcement and charged with trespass as provided in Section 16-11-620.

    (C) An action for damages or otherwise must not be allowed in a court of law against the owner, operator, manager, or keeper of a campground for reasonable exercise of rights pursuant to this section.

    (D) A tenant who leaves or is arrested as provided in this section is considered to have abandoned his right to use the campground, and the owner, operator, manager, or keeper may make the rental available to other persons.

    (E) A tenant removed from a campground as provided in this section has ten days from the date of removal to make a written claim for any property left behind. After providing a written claim, the tenant has twenty days to collect the property. After the passage of twenty days from the date of the tenant's written claim, any property left uncollected may be kept or otherwise disposed of in the sole discretion of the owner, operator, manager, or keeper of a campground.

SECTION 3.  Chapter 37, Title 27 of the S.C. Code is amended by adding:

Article 1

Ejectment of Persons Other Than Tenants

    Section 27-37-200. (A) A property owner or his authorized representative may request from the sheriff of the county in which the property is located the immediate removal of a person unlawfully occupying a residential dwelling pursuant to this section if 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 has unlawfully entered, remains, or continues to reside on the owner's property;

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

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

       (6) the unauthorized person is not a current or former tenant pursuant to a written or oral agreement authorized by the property owner;

       (7) the unauthorized person is not an immediate family member of the property owner; and

       (8) there is no pending litigation related to the real property between the property owner and the person unlawfully occupying the property.

    (B) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or his authorized representative must submit a complaint to remove persons unlawfully occupying residential real property to the sheriff of the county in which the real property is located. In the submitted complaint, the owner or authorized agent of the owner of the real property must state the legal description of the property and declare