A provision in H3387 gives landlords new leverage when tenants fall behind on rent—but only if you understand how the new rules work.
Most South Carolina landlords don't realize that a bill signed into law fundamentally changed how courts handle ejectment cases when tenants miss rent payments. The change is buried in H3387, titled "Unlawful occupants of property," and it affects your ability to remove a non-paying tenant quickly.
Under prior law, if a tenant wanted to delay an ejectment proceeding, they had to post a bond or undertaking—essentially a financial guarantee to the court. That requirement created a real barrier for tenants with limited resources.
H3387 replaced that bond requirement with something much simpler: an affidavit. A tenant can now file a sworn statement promising to pay the rent owed, and the court will stay (pause) the ejectment proceeding. No money required upfront.
On the surface, this sounds like it favors tenants. But the bill includes a critical provision that tips the scales back toward landlords.
Section 4 of H3387, which amends Section 27-40-800, establishes that if a tenant files an affidavit to stop an ejectment, the stay only holds if the tenant keeps paying. The moment a tenant misses a rent payment by five days after filing that affidavit, the landlord can ask the court to dissolve the stay immediately.
In plain terms: a tenant can no longer use a bond or undertaking to buy time indefinitely. If they promise to pay via affidavit and then fail to pay within five days, you can go back to court and ask for the stay to be lifted—moving directly to ejectment without waiting for another hearing or court process.
For property managers and landlords, this provision streamlines the removal process for tenants who file an affidavit but don't follow through. You're not locked into a lengthy court battle. You have a clear, enforceable trigger: miss a payment by five days, and you can move to dissolve the stay.
This also creates accountability. Tenants who file an affidavit know that missing a single payment gives the landlord grounds to return to court immediately. It's a sharper incentive to pay than the old bond system provided.
However, the provision only works if you're aware of it and prepared to act quickly when a payment is missed. Documenting the missed payment and filing promptly with the court is essential.
H3387 became effective upon approval by the Governor, as stated in Section 5 of the bill. If you're currently managing ejectment cases or anticipating tenant disputes, these rules are already in place.
Understanding this change helps you set clearer expectations with tenants and know your options if they fall behind. It's one of the practical shifts in South Carolina property law that deserves attention from anyone managing rental properties.
Source: H3387, Section 4, amending Section 27-40-800, South Carolina Code of Laws.