South Carolina S 69: Lodging Accommodations Ejectment

Status: Referred to Committee on Judiciary (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: S 69

Sponsors: Bennett, Hembree

Bill Text

2025-2026 Bill 69 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 69

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 PURPOSES AND RULES OF CONSTRUCTION FOR THE 
RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO EXEMPT CERTAIN TENANCIES FROM THE 
ACT; BY ADDING SECTION 45-2-65 SO AS TO AUTHORIZE AN INNKEEPER TO REQUEST 
ASSISTANCE FROM LAW ENFORCEMENT TO EJECT A PERSON AND TO PROVIDE THAT A PERSON 
EJECTED FROM A CAMPGROUND HAS TEN DAYS TO MAKE A CLAIM FOR PROPERTY LEFT AT THE 
TIME OF EJECTMENT; BY ADDING SECTION 27-37-200 SO AS TO PROVIDE THAT A PROPERTY 
OWNER MAY REQUEST FROM THE SHERIFF IMMEDIATE REMOVAL OF A PERSON UNLAWFULLY 
OCCUPYING A RESIDENTIAL DWELLING PURSUANT TO THIS SECTION PROVIDED CERTAIN 
CONDITIONS ARE MET; BY ADDING SECTION 16-11-785 SO AS TO PROVIDE THAT A PERSON 
WHO UNLAWFULLY DETAINS OR OCCUPIES OR TRESPASSES UPON A RESIDENTIAL DWELLING 
AND WHO INTENTIONALLY DAMAGES THE DWELLING CAUSING MORE THAN ONE THOUSAND 
DOLLARS IN DAMAGE IS GUILTY OF A FELONY; BY ADDING SECTION 16-11-790 SO AS TO 
PROVIDE THAT A PERSON WHO LISTS OR ADVERTISES RESIDENTIAL REAL PROPERTY FOR 
SALE KNOWING THAT THE SELLER HAS NO LEGAL AUTHORITY OR RENTS KNOWING THE PERSON 
HAS NO LAWFUL OWNERSHIP IN THE PROPERTY IS GUILTY OF A FELONY; AND BY ADDING 
SECTION 16-11-795 SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY PRESENTS TO 
ANOTHER PERSON A FALSE DOCUMENT PURPORTING TO BE A VALID LEASE AGREEMENT, DEED, 
OR OTHER INSTRUMENT IS GUILTY OF A MISDEMEANOR.

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 § 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 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 willfully 
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 uncollecte

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