South CarolinaH 3387126th General Assembly (2025-2026)HouseWALLET

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 45-2-65 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OPERATOR OF ANY RECREATIONAL VEHICLE PARK MAY HAVE ANY TRANSIENT GUEST OR OTHER GUEST OF THE PARK REMOVED; BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, AND TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1 ENTITLED "EJECTMENT OF TENANTS"; TO ESTABLISH OFFENSES FOR PERSONS WHO UNLAWFULLY OCCUPY OR TRESPASS UPON RESIDENTIAL DWELLINGS, LIST OR ADVERTISE RESIDENTIAL REAL PROPERTY FOR SALE WITHOUT LEGAL TITLE OR AUTHORITY TO DO SO, OR PRESENT FALSE DOCUMENTS TO ANOTHER PERSON WITH THE INTENT TO DETAIN OR REMAIN UPON REAL PROPERTY; AND BY AMENDING SECTION 27-40-800, RELATING TO THE APPEAL OF A JUDGMENT OF EJECTION, SO AS TO REQUIRE A TENANT TO FILE AN AFFIDAVIT PROMISING TO PAY THE LANDLORD THE AMOUNT OF RENT AS IT BECOMES DUE IN EXCHANGE FOR A STAY OF EXECUTION OF A JUDGMENT FOR EJECTION, AMONG OTHER THINGS.

Sponsored By: G. Murrell Smith, Jr. (Republican)

Signed by Governor

Summary

Unlawful occupants of property

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Faster removal of unlawful occupants for homeowners

Homeowners can file a verified petition for an immediate court order to remove unlawful occupants from a home. Judges can issue an ex parte order for good cause and must hold a hearing within 24 hours. The petition must state there is no lease or permission, the place was not open to the public, you told them to leave and they refused, they are not immediate family, and no related case is pending. Orders can bar entry or contact and, after the hearing, can permanently remove the person and make them pay repair and court costs. A sheriff or constable gets the standard service fee and may charge a reasonable hourly standby rate that you must pay; officials and owners have limited liability after service.

Damages for wrongful removal from homes

If you were removed without just cause under this process, you can sue. You can get possession back, recover actual damage to your personal property (up to its value), $1,000 in statutory damages, and court costs. Any award is reduced by proven damage you caused to the real property.

Tenants can stay during appeal by paying

If you appeal an ejectment judgment, you can get a stay by filing an affidavit promising to pay rent set by the judge as it comes due. The court must stay ejectment once it accepts the affidavit, until the appeal is decided. If you miss a payment and do not pay within five days, the stay ends and the landlord can get a warrant and the sheriff can remove you. Courts can adjust the payment terms after a quick hearing; you must keep paying or put payments into escrow during that time. For higher appeals, you must file the affidavit with the appellate court using amounts set by the circuit court.

New crimes for housing fraud and squatting

Unlawfully occupying a home and intentionally causing $1,000 or more in damage is now a felony with up to five years in prison. Knowingly listing property for sale without legal title, or renting/leasing without any lawful interest, is a misdemeanor with up to a $1,000 fine or 30 days in jail. Knowingly giving a false lease, deed, or similar paper to stay on property is a misdemeanor with up to one year in jail or a fine.

Felony to violate removal orders

If someone breaks an ex parte removal order after notice, an officer with probable cause must arrest them. Notice can be service, any actual communication likely to inform them, or when an officer shows a copy. Violating the order is a felony with up to three years in prison or a $3,000 fine. Officers who act in good faith are protected from civil lawsuits.

New RV park guest removal rules

RV park operators can remove guests for illegal drugs, disturbing others, breaking posted rules, damaging the park, or not paying rent on time. They must give a written notice that warns of a misdemeanor; staying after notice can mean up to a $300 fine or 30 days in jail. If you prepaid, the operator must return the unused rent when giving notice. If you owe more than three nights’ rent, the operator can cut off utilities after written notice and must reconnect if you sign a written agreement to pay. Operators may ask law enforcement to remove guests and must safeguard left property, usually allowing up to 48 hours to pick it up.

Sponsors & Cosponsors

Sponsor

  • G. Murrell Smith, Jr.

    Republican • House

Cosponsors

  • Brandon Newton

    Republican • House

  • Brandon L. Cox

    Republican • House

  • Jeff Bradley

    Republican • House

  • Gary S. Brewer, Jr.

    Republican • House

  • James Mikell "Mike" Burns

    Republican • House

  • Cody T. Mitchell

    Republican • House

  • Paula Rawl Calhoon

    Republican • House

  • Donald G. "Don" Chapman

    Republican • House

  • William M. "Bill" Chumley

    Republican • House

  • Heather Ammons Crawford

    Republican • House

  • April Cromer

    Republican • House

  • Sylleste H. Davis

    Republican • House

  • Sarita L. Edgerton

    Republican • House

  • Shannon S. Erickson

    Republican • House

  • Cally R. "Cal" Forrest, Jr.

    Republican • House

  • Thomas Lee Gilreath

    Republican • House

  • Thomas Duval "Val" Guest, Jr.

    Republican • House

  • Charles V. Hartz

    Republican • House

  • Lee Hewitt

    Republican • House

  • William M. "Bill" Hixon

    Republican • House

  • Harriet A. Holman

    Republican • House

  • Thomas R. "Randy" Ligon

    Republican • House

  • Steven Wayne Long

    Republican • House

  • Marvin "Mark" Smith

    Republican • House

  • John R. McCravy III

    Republican • House

  • Murphy

    Affiliation unavailable

  • Melissa Lackey Oremus

    Republican • House

  • Thomas E. "Tommy" Pope

    Republican • House

  • Robby Robbins

    Republican • House

  • Bill Taylor

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

  • Robert Q. Williams

    Democrat • House

Roll Call Votes

All Roll Calls

Yes: 981 • No: 0

Senate vote • 6/25/2026

(Unlawful occupants of property)to adopt the conference report

Yes: 40 • No: 0

House vote • 6/25/2026

(Unlawful occupants of property)Adopt Conference Report

Yes: 103 • No: 0

House vote • 5/13/2026

(Unlawful occupants of property)Adopt Amendment 1A  Amendment number 1A

Yes: 114 • No: 0

House vote • 5/13/2026

(Unlawful occupants of property)Adopt Amendment 1A  Amendment number 1A

Yes: 114 • No: 0

Senate vote • 5/6/2026

(Unlawful occupants of property)3rd Reading

Yes: 42 • No: 0

Senate vote • 5/6/2026

(Unlawful occupants of property)3rd Reading

Yes: 42 • No: 0

Senate vote • 5/5/2026

(Unlawful occupants of property)2nd Reading

Yes: 45 • No: 0

Senate vote • 5/5/2026

(Unlawful occupants of property)2nd Reading

Yes: 45 • No: 0

House vote • 4/3/2025

(Unlawful occupants of property)Passage of Bill

Yes: 109 • No: 0

House vote • 4/3/2025

(Unlawful occupants of property)Passage of Bill

Yes: 109 • No: 0

House vote • 4/3/2025

(Unlawful occupants of property)Passage of Bill

Yes: 109 • No: 0

House vote • 4/3/2025

(Unlawful occupants of property)Passage of Bill

Yes: 109 • No: 0

Actions Timeline

  1. Act No. 252

    7/1/2026legislature
  2. Effective date 06/30/26

    7/1/2026legislature
  3. Signed By Governor

    6/30/2026Governor
  4. Ratified R 269

    6/29/2026legislature
  5. Ordered enrolled for ratification

    6/25/2026Senate
  6. Roll call Ayes-40 Nays-0

    6/25/2026Senate
  7. Conference report received and adopted

    6/25/2026Senate
  8. Roll call Yeas-103 Nays-0

    6/25/2026House
  9. Conference report received and adopted

    6/25/2026House
  10. Conference committee appointed Johnson, Elliott, Devine

    5/14/2026Senate
  11. House insists upon amendment and conference committee appointed Reps. T Moore, McCabe, Spann-Wilder

    5/14/2026House
  12. Non-concurrence in House amendment

    5/13/2026Senate
  13. Roll call Yeas-114 Nays-0

    5/13/2026House
  14. Returned to Senate with amendments

    5/13/2026House
  15. Senate amendment amended

    5/13/2026House
  16. Debate adjourned

    5/12/2026House
  17. Roll call Ayes-42 Nays-0

    5/6/2026Senate
  18. Read third time and returned to House with amendments

    5/6/2026Senate
  19. Scrivener's error corrected

    5/6/2026legislature
  20. Amended

    5/6/2026Senate
  21. Roll call Ayes-45 Nays-0

    5/5/2026Senate
  22. Read second time

    5/5/2026Senate
  23. Committee Amendment Adopted

    5/5/2026Senate
  24. Committee report: Favorable with amendment Judiciary

    4/29/2026Senate
  25. Referred to Committee on Judiciary

    4/9/2025Senate

Bill Text

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