A South Carolina law now requires tenants to file a sworn rent-payment affidavit to halt an ejectment judgment on appeal—and failure to pay within five days voids the stay automatically.
Most South Carolina property owners don't realize that a provision in H3387 has fundamentally changed how ejectment judgments work during the appeal process. If you own rental property or manage units in the state, this change affects your ability to regain possession of a property after winning in court.
Under Section 4 of H3387 (amending Section 27-40-800), courts can no longer automatically stay an ejectment judgment simply because a tenant appeals. Instead, a tenant must file a sworn affidavit stating they will pay rent according to a specific schedule. Without that affidavit, the stay doesn't happen at all.
This is a significant shift. Previously, tenants could appeal an ejectment judgment and delay possession through the appellate process without necessarily proving they could or would pay rent. Now, the burden is on the tenant to affirmatively commit to payment in writing, under oath.
The provision includes an automatic termination clause: if a tenant misses a rent payment by five days after any due date listed in that affidavit, the stay dissolves on its own. The sheriff may then proceed with dispossession without further court action. This eliminates the previous ability of tenants to stall possession indefinitely through the appeal process.
For landlords, this means the timeline for regaining possession becomes more predictable. You're no longer waiting for an appeal to wind through the courts while a tenant remains in the unit. If the tenant fails to pay, the clock starts ticking immediately.
This applies to any landlord or property manager pursuing an ejectment action in South Carolina—whether you manage a single-family rental, a small multifamily property, or a larger portfolio. It's particularly important for small-business landlords who rely on timely possession to manage cash flow and re-lease units.
Tenants facing ejectment now face a harder choice: appeal and commit to a payment schedule under oath, or accept the judgment. The affidavit requirement raises the stakes for both sides.
H3387 became effective upon approval by the Governor, as stated in Section 5 of the bill. Property owners should assume this provision is already in effect and adjust their ejectment procedures accordingly.
If you're currently managing an ejectment case or anticipate one, work with your attorney to understand how this provision applies to your specific situation. The affidavit requirement changes the negotiation dynamic and the timeline for possession. Documenting all rent payments and missed payments becomes even more critical, since the five-day grace period is now the trigger for automatic stay termination.
This law reflects South Carolina's intent to streamline ejectment proceedings and reduce delays in possession recovery. Understanding it now will help you navigate the process more effectively.
For a detailed, free resource guide on South Carolina ejectment law and property management compliance, contact your local real estate trade association or attorney.