Bill

Bill > H3387


SC H3387

SC H3387
Unlawful occupants of property


summary

Introduced
01/14/2025
In Committee
04/09/2025
Crossed Over
04/04/2025
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Article 3 To Chapter 37, Title 27 So As To Entitle The Article "ejectment Of Unlawful Occupants Of A Residential Dwelling," To Define Necessary Terms, To Provide An Alternative Remedy To Remove Persons Unlawfully Occupying A Residential Dwelling; To Redesignate Chapter 37, Title 27 As "ejectment Proceedings"; To Redesignate The Existing Sections Of Chapter 37, Title 27 As Article 1, Chapter 37, Title 27 And Entitle It "ejectment Of Tenants"; And By Adding Section 16-11-521 So As To Establish The Offense Of Criminal Mischief.

AI Summary

This bill creates a new legal framework in South Carolina for quickly removing unauthorized occupants from residential properties through an expedited judicial process. The bill defines "unlawful occupants" as individuals who are residing in a property without the owner's permission and have no legal right to be there, such as non-tenants who have entered a property without authorization. Under the new law, property owners can file a verified petition with the local court or magistrate to obtain an immediate ex parte order to remove these occupants. The court can grant an order within 24 hours if the petition demonstrates that the occupants are not tenants, have not been given permission to be on the property, and have not leased the property in the past three months. The bill also provides additional protections for property owners, such as the ability to restrain the unauthorized occupants from returning to the property or communicating with the owner. Furthermore, the bill establishes criminal penalties for unlawful occupation, making it a felony punishable by up to three years in prison or a fine of up to $3,000. The law aims to provide property owners with a faster and more streamlined process for reclaiming their residential properties from unauthorized occupants, while also creating legal consequences for those who illegally enter and remain in someone else's property.

Committee Categories

Justice

Sponsors (33)

Last Action

Referred to Committee on Judiciary (on 04/09/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...