South Carolina General Assembly
106th Session, 1985-1986

Bill 278

                    Current Status

Bill Number:               278
Ratification Number:       128
Act Number:                85
Introducing Body:          Senate
Subject:                        Property in a premises of persons
                           other than the tenant being subject to rent
                           distress
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A85, R128, S278)

AN ACT TO AMEND SECTION 27-39-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY IN A PREMISES OF PERSONS OTHER THAN THE TENANT BEING SUBJECT TO RENT DISTRESS PROCEEDINGS SO AS TO PROVIDE THAT IF AT ANY TIME PRIOR TO SALE, THE LANDLORD IS GIVEN OR RECEIVES WRITTEN NOTICE CONTAINING FACTS SUBSTANTIATING OWNERSHIP THAT SOME OF THE DISTRAINED PROPERTY IS OWNED BY A THIRD PARTY, THE THIRD PARTY MUST RECEIVE NOTICE AND AN OPPORTUNITY TO BE HEARD BEFORE THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.

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

Property subject to rent distress proceedings

SECTION 1. Section 27-39-250 of the 1976 Code is amended to read:

"Section 27-39-250. If any property so distrained is not the property of the tenant, the tenant shall immediately name the owner thereof and inform the officer of the ownership and the officer shall distrain sufficient other property of the tenant to pay the rent and costs. Even though property of the tenant must be first applied to payment of the rent and costs, all property upon the rented premises is subject to distress as herein provided, except property mentioned in Section 27-39-230. If at any time prior to sale as provided in Section 27-39-320, the landlord is given or receives written notice containing facts substantiating ownership that some of the distrained property is owned by a third party, the third party must receive notice, as provided in Section 27-39-210, and an opportunity to be heard, as provided in Section 27-39-220, before the distrained property of the third party is subject to sale pursuant to Section 27-39-320."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.