The bill H. 3387 aims to amend the South Carolina Code of Laws by adding Article 3 to Chapter 37, Title 27, which will be titled "Ejectment of Unlawful Occupants of a Residential Dwelling." This new article defines key terms such as "petitioner," "respondent," and "unlawful occupant," and establishes a legal process for property owners to remove individuals unlawfully occupying their residential properties. The bill allows property owners or their agents to file a verified petition with the court to seek immediate relief through an ex parte order for removal, provided they demonstrate good cause. The bill also outlines the procedures for hearings, the enforcement of orders by law enforcement, and the potential for civil actions if individuals are removed without just cause.

Additionally, the bill redesignates the existing sections of Chapter 37, Title 27 as Article 1, entitled "Ejectment of Tenants," and introduces a new offense under Section 16-11-521, defining criminal mischief as unlawfully detaining, occupying, or trespassing on a residential dwelling, which is classified as a felony. The bill emphasizes the rights of property owners and law enforcement in addressing unlawful occupancy while ensuring that all proceedings are in addition to other civil or criminal remedies available. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 16-11-521
03/20/2025: 16-11-521
03/25/2025: 16-11-521
04/03/2025: 16-11-521
04/04/2025: 16-11-521
Latest Version: 16-11-521
12/06/2024: 16-11-521