South Carolina H 3508: Lodging Accommodations Ejectment

Bill Text

2025-2026 Bill 3508 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3508

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY AMENDING SECTION 27-40-120, RELATING TO THE RESIDENTIAL LANDLORD TENANT ACT 
EXCLUSIONS, SO AS TO EXEMPT CERTAIN TENANCIES FROM THE ACT; BY ADDING SECTION 
45-2-65 SO AS TO PROVIDE FOR CERTAIN RIGHTS FOR OWNERS TO DEMAND A TENANT'S 
REMOVAL; BY ADDING ARTICLE 1 TO CHAPTER 37, TITLE 27 SO AS TO PROVIDE FOR THE 
EJECTMENT OF PERSONS OTHER THAN TENANTS; AND BY ADDING SECTIONS 16-11-785, 
16-11-790, AND 16-11-795 SO AS TO PROVIDE FOR CERTAIN PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 27-40-120 of the S.C. 
Code is amended to read:

 Section 27-40-120. The 
following arrangements are not governed by this chapter:

 (1) residence at an institution, 
public or private, if incidental to detention or the provision of medical, 
geriatric, educational, counseling, religious, or similar service;

 (2) occupancy under a contract of sale 
of a dwelling unit or the property of which it is a part, if the occupant is 
the purchaser or a person who succeeds to his interest;

 (3) occupancy by a member or a 
fraternal or social organization in the portion of a structure operated for the 
benefit of the organization;

 (4) transient occupancy in a hotel, 
motel, or other accommodations subject to the sales tax on accommodations as 
provided by Section 12-36-920;

 (5) occupancy by an employee of a 
landlord whose right to occupancy is conditional upon employment in and about 
the premises;

 (6) occupancy by an owner of a 
condominium unit or a holder of a proprietary lease in a cooperative;

 (7) occupancy under a rental agreement 
covering the premises used by the occupant primarily for agricultural purposes;

 (8) occupancy under a rental agreement 
in a premises regulated by the provisions of Chapter 32 of, Title 27 of the 1976 S.C. Code (Vacation Time Sharing Plan Act).;

 (9) residence, whether temporary or 
not, at a charitable or emergency protective shelter, public or private.; or

 (10) tenancy where a rental space is 
offered for occupancy in a vehicle which primarily is designed as temporary 
living quarters for recreational camping or travel use that has its own motor 
or is mounted on or drawn by another vehicle.

SECTION 2. Chapter 2, Title 45 of the 
S.C. Code is amended by adding:

 Section 
45-2-65. (A) After making a 
reasonable attempt to verbally warn a tenant to cease and desist, the owner, 
operator, manager, or keeper of a campground has the right to demand the 
tenant's removal and request law enforcement assistance to immediately remove a 
tenant who by violating any of the provisions of Section 45-2-60 has wilfully 
denied any other tenants their right to quiet enjoyment of their tenancies.

 (B) A tenant who refuses to leave after 
receiving the warning and demand as provided in subsection (A) may be arrested 
by law enforcement and charged with trespass as provided in Section 16-11-620.

 (C) An action for damages or otherwise 
must not be allowed in a court of law against the owner, operator, manager, or 
keeper of a campground for reasonable exercise of rights pursuant to this 
section.

 (D) A tenant who leaves or is arrested 
as provided in this section is considered to have abandoned his right to use 
the campground, and the owner, operator, manager, or keeper may make the rental 
available to other persons.

 (E) A tenant removed from a campground 
as provided in this section has ten days from the date of removal to make a 
written claim for any property left behind. After providing a written claim, 
the tenant has twenty days to collect the property. After the passage of twenty 
days from the date of the tenant's written claim, any property left uncollected 
may be kept or otherwise disposed of in the sole discretion of the owner, 
operator, manager, or keeper of a campground.

SECTION 3. Chapter 37, Title 27 of the 
S.C. Code is amended by adding:

Article 1

Ejectment of Persons 
Other Than Tenants

 Section 
27-37-200. (A) A property owner or 
his authorized representative may request from the sheriff of the county in 
which the property is located the immediate removal of a person unlawfully 
occupying a residential dwelling pursuant to this section if the following 
conditions are met:

 (1) the requesting person is the 
property owner or authorized agent of the property owner;

 (2) the real property that is being 
occupied includes a residential dwelling;

 (3) an unauthorized person has 
unlawfully entered, remains, or continues to reside on the owner's property;

 (4) the real property was not open to 
members of the public at the time the unauthorized person ent