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 outlines the procedure for filing a verified petition with the court, the issuance of ex parte orders for immediate removal of unlawful occupants, and the enforcement of such orders by law enforcement. Additionally, it includes provisions for the court to impose restrictions on the unlawful occupants to protect the property owner.

Furthermore, the bill redesignates the existing sections of Chapter 37, Title 27 as Article 1, entitled "Ejectment of Tenants," and introduces a new offense of criminal mischief under Section 16-11-521 for unlawfully detaining or occupying a residential dwelling, which is classified as a felony. The bill stipulates penalties for violations, including imprisonment and fines. Overall, this legislation seeks to provide property owners with a streamlined legal remedy for addressing unlawful occupancy while ensuring the protection of their rights.

Statutes affected:
12/05/2024: 16-11-521
Latest Version: 16-11-521
12/06/2024: 16-11-521