In executing a writ of ejectment, the constable or deputy sheriff shall proceed to the premises, present to the occupants a copy of the writ and give the occupants twenty-four hours to vacate voluntarily. If the occupants refuse to vacate within twenty-four hours or the premises appear unoccupied, the constable or deputy sheriff shall announce his identity and purpose. If necessary, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. If the premises appear to be occupied and the occupant does not respond, the constable or deputy sheriff shall leave a copy of the writ taped or stapled at each corner and attached at the top of either the front or back door or in the most conspicuous place. Twenty-four hours following the posting of the writ, if the occupants have not vacated the premises voluntarily, the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment. Discretion may be exercised by the constable or deputy sheriff in granting a delay in the dispossession of ill or elderly tenants.
HISTORY: 1986 Act No. 336, Section 3; 1994 Act No. 465, Section 1.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 37 - Ejectment Of Tenants
Section 27-37-10. Grounds for ejectment of tenant.
Section 27-37-20. Ejectment proceedings.
Section 27-37-30. Service of rule; posting and mailing requirements.
Section 27-37-40. Tenant ejected on failure to show cause.
Section 27-37-50. Change of venue.
Section 27-37-60. Trial of issue.
Section 27-37-70. Designation of parties in ejectment.
Section 27-37-100. Effect of verdict for plaintiff.
Section 27-37-110. Effect of verdict for defendant.
Section 27-37-130. Bond required to stay ejectment on appeal.
Section 27-37-140. Action of tenant wrongfully dispossessed.
Section 27-37-150. Accrual of rent after institution of proceedings.
Section 27-37-155. Commercial lease contract claims and counterclaims.