Bill > S0239

This bill amends South Carolina law to provide a specific legal process for property owners to quickly remove unauthorized occupants from residential properties. Under the new law, a property owner can request the county sheriff's immediate assistance in removing individuals who have unlawfully entered and are occupying their residential dwelling, provided certain conditions are met. These conditions include that the property was not open to the public when entered, the owner has asked the occupants to leave, the occupants are not tenants or family members, and there is no pending litigation about the property. The property owner must complete a detailed complaint form under penalty of perjury, which includes multiple sworn statements about the circumstances of the unauthorized occupation. If the sheriff verifies the complaint, they must serve a notice to vacate, potentially arrest the occupants for trespassing, and help the property owner regain possession of the property. The bill also introduces criminal penalties for individuals who intentionally damage the property (felony with up to 15 years imprisonment), present false documents claiming property rights (misdemeanor), or fraudulently list or rent property they do not own (felony with up to 30 years imprisonment). The law includes protections for occupants who can bring civil actions if they believe they were wrongfully removed, potentially recovering damages and legal fees.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=0239&session=126&summary=B