S0718 creates a set of procedures for removing certain unwanted occupants from recreational vehicle parks and from residential property. For RV parks, it authorizes operators to remove transient guests for specified misconduct, including drug activity, disturbing other guests, damaging property, violating park rules, or failing to pay rent. The bill requires written notice, refund of unused prepaid rent, allows utility disconnection for accounts more than three nights overdue, and makes it a misdemeanor to remain after being told to leave. It also permits law enforcement involvement and allows additional ejection grounds to be set by written lease.
The bill also establishes a new expedited sheriff-assisted process for property owners to remove unlawful occupants from residential dwellings when the occupant is not a tenant, family member, or party to pending litigation, and when the property was not open to the public. Owners must submit a sworn complaint with detailed certifications, and the sheriff must verify the request and, if valid, serve a notice to vacate and restore possession to the owner. The bill further creates civil remedies for wrongful removal, including damages, attorney’s fees, and restoration to possession, while also adding criminal penalties for intentional damage by unlawful occupants and for fraudulent sale, lease, or deed schemes involving residential property.
The bill’s impact on state law is significant because it adds new sections to Titles 45, 27, and 16 of the South Carolina Code, expanding both landlord-like removal authority for RV parks and a fast-track law-enforcement process for alleged squatters in residential dwellings. It also creates new misdemeanor and felony offenses related to property fraud and intentional damage, and it gives sheriffs a formal role in verifying complaints, serving notices, standing by during lock changes, and potentially arresting occupants for related offenses.
The overall sentiment reflected in the voting history appears strongly favorable, with unanimous approval in the Senate on second reading and unanimous House passage. That suggests broad legislative support for the bill’s stated goal of helping property owners and park operators quickly address unlawful occupancy and related property abuse.
The main points of contention, based on the bill text itself, are the balance between property-owner remedies and occupant protections. The bill includes anti-discrimination language and a wrongful-removal cause of action, but it also gives sheriffs broad authority to remove occupants on an expedited basis and allows property owners to change locks and remove belongings after service. Potential concerns center on due process, the risk of mistaken or abusive removals, the scope of sheriff involvement, and the treatment of personal property during removals.
This bill amends South Carolina law by adding Section 45-2-65 to regulate removal of transient guests from recreational vehicle parks, Section 27-37-170 to create an expedited sheriff-assisted removal process for unlawful occupants of residential dwellings, and Section 16-11-790 to create new crimes involving unlawful occupancy, property damage, and fraudulent real-estate documents. It expands enforcement tools for property owners and law enforcement, while also creating civil liability for wrongful removal and preserving anti-discrimination protections and certain occupant remedies.
The available voting record shows overwhelming support: the Senate passed the bill on second reading 44-0, and the House passed it 104-0. With no committee transcript provided, the record suggests the bill was viewed favorably and as a practical response to squatting, RV park disturbances, and property fraud concerns.
The likely areas of concern are procedural fairness and the risk of wrongful eviction or removal. The bill gives sheriffs authority to act quickly based on an owner’s sworn complaint, permits lock changes and removal of belongings after service, and creates criminal penalties for remaining after notice, which could raise due-process concerns. At the same time, the bill includes safeguards such as sworn statements, identity verification, anti-discrimination language, and a civil cause of action for wrongful removal, indicating an attempt to balance owner rights with occupant protections.