Bill > H3418

This bill amends South Carolina law to provide property owners with a clear legal mechanism for removing unauthorized persons from residential properties. The bill establishes a detailed process where property owners can request the county sheriff's assistance in removing individuals who are unlawfully occupying their residential dwelling. To do so, owners must complete a comprehensive complaint form verifying specific conditions, such as that the property was not open to the public when entered, the owner has directed the unauthorized persons to leave, and the occupants are not tenants, family members, or involved in ongoing property litigation. If the sheriff verifies the complaint, they must serve an immediate vacate notice and can assist the property owner in changing locks and removing personal property. The bill also introduces criminal penalties for unauthorized occupants, including felony charges for intentionally damaging the property (causing $1,000 or more in damages) and for fraudulently presenting false documents claiming property rights. Additionally, the bill provides a civil remedy for individuals wrongfully removed, allowing them to seek restoration of possession and recover damages if the removal was improper. The new law aims to protect property owners' rights while also providing safeguards against potential abuse of the removal process.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3418&session=126&summary=B