South Carolina H 3418: Removal of unauthorized perons

Bill Text

2025-2026 Bill 3418 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3418

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 ADDING SECTION 
27-1-80 SO AS TO PROVIDE THAT A PROPERTY OWNER MAY REQUEST FOR THE IMMEDIATE 
REMOVAL OF A PERSON UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING AND TO PROVIDE 
FOR A COMPLAINT FORM; AND BY ADDING SECTION 16-11-40 SO AS TO PROVIDE FOR 
CERTAIN PENALTIES FOR A PERSON WHO UNLAWFULLY DETAINS OR OCCUPIES RESIDENTIAL 
PROPERTY.

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

SECTION 1. Chapter 1, Title 27 of the S.C. Code is amended by 
adding:

 Section 
27-1-80. (A) A property owner or his 
authorized agent may request from the sheriff of the county in which the 
property is located the immediate removal of a person or persons unlawfully 
occupying a residential dwelling pursuant to this section if all of 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 or persons have unlawfully entered and remain or 
continue to reside on the property owner's property;

 (4) 
the real property was not open to members of the public at the time the 
unauthorized person or persons entered;

 (5) 
the property owner has directed the unauthorized person to leave the property;

 (6) 
the unauthorized person or persons are not current or former tenants pursuant 
to a written or oral rental agreement authorized by the property owner;

 (7) 
the unauthorized person or persons are not immediate family members of the 
property owner; and

 (8) 
there is no pending litigation related to the real property between the 
property owner and any known unauthorized person.

 (B) To 
request the immediate removal of an unlawful occupant of a residential 
dwelling, the property owner or his authorized agent must submit a complaint by 
presenting a completed and verified Complaint to Remove Persons Unlawfully 
Occupying Residential Real Property form to the sheriff of the county in which 
the real property is located. The submitted complaint must be in substantially 
the following form:

"COMPLAINT TO REMOVE 
PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY

 I, the owner or 
authorized agent of the owner of the real property located at ... ..., declare 
under the penalty of perjury that (initial each box):

1. .... I am the owner of 
the real property or the authorized agent of the owner of the real property.

2. .... I purchased the 
property on ___.

3. .... The real property 
is a residential dwelling.

4. .... An unauthorized 
person or persons have unlawfully entered and are remaining or residing 
unlawfully on the real property.

5. .... The real property 
was not open to members of the public at the time the unauthorized person or 
persons entered.

6. .... I have directed 
the unauthorized person or persons to leave the real property, but they have 
not done so.

7. .... The person or 
persons are not current or former tenants pursuant to any valid lease 
authorized by the property owner, and any lease that may be produced by an 
occupant is fraudulent.

8. .... The unauthorized 
person or persons sought to be removed are not an owner or a co-owner of the 
property and have not been listed on the title to the property unless the person 
or persons have engaged in title fraud.

9. .... The unauthorized 
person or persons are not immediate family members of the property owner.

10. .... There is no 
litigation related to the real property pending between the property owner and 
any person sought to be removed.

11. .... I understand that 
a person or persons removed from the property pursuant to this procedure may 
bring a cause of action against me for any false statements made in this 
complaint, or for wrongfully using this procedure, and that as a result of such 
action I may be held liable for actual damages, penalties, costs, and 
reasonable attorney fees.

12. .... I am requesting 
the sheriff to immediately remove the unauthorized person or persons from the 
residential property.

13. .... A copy of my 
valid government-issued identification is attached, or I am an agent of the 
property owner, and documents evidencing my authority to act on the property 
owner's behalf are attached.

I HAVE READ EVERY 
STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I 
UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER 
PENALTY OF PERJURY.

(Signature of Property 
Owner or Agent of Owner)"

 (C) 
Upon receipt of the complaint, the sheriff shall verify that the person 
submitting the complaint is the record ow