A landlord may enforce collection of rent due by distress in the following manner, to wit: Any magistrate having jurisdiction over the district in which the premises occupied are situate may issue, upon receipt of an affidavit of the landlord or his agent setting forth the amount of rent due, a notice directed to the tenant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. Such notice, together with a copy of the affidavit, shall be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint or (c) the sheriff of the county for enforcement. Such officer shall forthwith serve a copy of the notice and affidavit on the tenant by delivering the copies to him personally, or if he cannot be found, to any agent of the tenant in whose possession the property sought to be distrained is located. If neither the tenant nor any agent of the tenant can be found, the tenant may be served by leaving such copies at the tenant's place of business or at the rented premises with some person of suitable age and discretion. If, after reasonable search, the tenant cannot be located in the county, no person can be found in possession of the rented premises, and the premises have been abandoned for a period of fifteen days or more immediately prior to the date of service, the copies of the affidavit and notice may be served by leaving them affixed to the most conspicuous part of the premises and by delivering them to the clerk of court of the county in which the premises are located. If the premises have been abandoned for fifteen days immediately prior to the date of service, the tenant shall be deemed to have appointed the clerk of court as his agent for acceptance of service of the notice and affidavit.
HISTORY: 1962 Code Section 41-151; 1952 Code Section 41-151; 1946 (44) 2584; 1973 (58) 384.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Section 27-39-10. Collection of agricultural rents and advances; liens therefor not affected.
Section 27-39-20. Validity of payment of rent for period longer than twelve months.
Section 27-39-30. Effect of payment of rent to grantor or conusor.
Section 27-39-40. Action for debt may be brought for rent on lease or demise for life.
Section 27-39-210. Commencement of proceedings for collection of rent by distress.
Section 27-39-220. Predistress hearing.
Section 27-39-230. Property exempt from distress.
Section 27-39-240. Enforcement of distress warrant.
Section 27-39-250. Property of third party on premises.
Section 27-39-270. Property removed from premises.
Section 27-39-280. Distraint after expiration of lease of tenant for life of another.
Section 27-39-290. Reasonableness of distress.
Section 27-39-300. Damages for unreasonable and excessive distress.
Section 27-39-310. Giving bond to free property from distraint.
Section 27-39-320. Sale of distrained property.
Section 27-39-330. Tax liens on property sold under distress.
Section 27-39-340. Persons who may be purchasers at sale.