A South Carolina law change makes it faster for landlords to recover possession when tenants miss rent payments during an appeal.
Most South Carolina property owners don't realize that a recent change to state law has fundamentally altered how tenant ejectment appeals work—and it affects your ability to recover both possession and rental income when a tenant defaults.
Under the previous system, a tenant facing ejectment could obtain a stay (a pause) on the eviction process by signing a simple undertaking—essentially a promise to pay. That stay would hold in place while the tenant appealed the case. The problem: landlords had no clear enforcement mechanism if the tenant stopped paying during that appeal period.
South Carolina's H3387, titled "Unlawful occupants of property," replaces that undertaking system with a new requirement. Now, to stay an ejectment on appeal, a tenant must file a sworn affidavit—a legally binding statement made under oath—that commits them to making ongoing rent payments.
Here's the critical part: if the tenant misses any payment by more than five days, the stay automatically dissolves. When that happens, the appeal on possession is dismissed. That means you recover possession of your property and can pursue back rent without waiting for the appeal process to drag on.
For small and mid-sized landlords, this is significant. It shortens the timeline between a tenant's default and your ability to re-lease or take other action. It also creates a built-in enforcement mechanism—the five-day threshold is objective and automatic, not something you have to litigate.
This applies to any landlord or property manager handling ejectment cases in South Carolina where a tenant appeals. It doesn't change the underlying eviction process itself, but it does change what happens after a tenant files an appeal and seeks to stay the eviction.
Residential and commercial landlords should both be aware of this change. If you manage properties or handle your own evictions, understanding the new affidavit requirement and the five-day payment threshold is essential to protecting your interests during appeals.
H3387 became effective upon approval by the Governor (Section 5 of the bill). The specific change is found in Section 4, which amends South Carolina Code Section 27-40-800. Landlords and their attorneys should reference this section when handling ejectment appeals going forward.
The practical takeaway: if you're in an ejectment appeal and a tenant files for a stay, you're no longer dealing with a vague undertaking. You're dealing with a sworn affidavit backed by a clear, automatic enforcement mechanism. Document any late payments carefully, and be prepared to move quickly if a tenant misses the five-day window.
For a detailed guide to H3387 and how it affects your property management decisions, speak with your attorney or local property management association.