2005-2006 Bill 4471: Magistrates Court Jurisdiction - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

A361, R420, H4471

STATUS INFORMATION

General Bill

Sponsors: Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M.A.Pitts, Rice, Sinclair, J.E.Smith, Viers and White

Document Path: l:\council\bills\am\18005mm06.doc

Introduced in the House on January 19, 2006

Introduced in the Senate on March 16, 2006

Last Amended on May 31, 2006

Passed by the General Assembly on June 1, 2006

Governor's Action: June 9, 2006, Signed

Summary: Magistrates court jurisdiction

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/19/2006HouseIntroduced and read first time HJ6

1/19/2006HouseReferred to Committee on JudiciaryHJ7

3/9/2006HouseCommittee report: Favorable with amendment JudiciaryHJ24

3/14/2006HouseAmended HJ33

3/14/2006HouseRead second time HJ35

3/15/2006HouseRead third time and sent to Senate HJ17

3/16/2006SenateIntroduced and read first time SJ4

3/16/2006SenateReferred to Committee on JudiciarySJ4

3/16/2006SenateReferred to Subcommittee: Martin (ch), Malloy, Campsen, Williams

5/24/2006SenateCommittee report: Favorable JudiciarySJ18

5/31/2006SenateAmended SJ138

5/31/2006SenateRead second time SJ138

6/1/2006SenateRead third time and returned to House with amendments SJ80

6/1/2006HouseConcurred in Senate amendment and enrolled HJ191

6/7/2006Ratified R 420

6/9/2006Signed By Governor

6/16/2006Copies available

6/16/2006Effective date 06/09/06

6/23/2006Act No.361

VERSIONS OF THIS BILL

1/19/2006

3/9/2006

3/14/2006

5/24/2006

5/31/2006

(A361, R420, H4471)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2737155 SO AS TO PROVIDE FOR AN ACTION ON A COMMERCIAL LEASE IN WHICH THE LANDLORD SUES FOR POSSESSION AND THE TENANT RAISES DEFENSES OR COUNTERCLAIMS INCLUDING A PROVISION FOR PAYMENT OF RENT PENDENTE LITE, FACILITATION OF THE HEARING OF THE CASE IF A JURY TRIAL IS REQUESTED, FOR ISSUANCE OF A WARRANT OF EJECTMENT, AND FOR PAYMENT OF THE RENTAL JUDGMENT DIRECTLY OR THROUGH THE MAGISTRATE’S OFFICE, WITH A THREE PERCENT ADMINISTRATION FEE.

Be it enacted by the General Assembly of the State of South Carolina:

Commercial lease contract claims and counterclaims

SECTION1.Chapter 37, Title 27 of the 1976 Code is amended by adding:

“Section 2737155.(A)In any action involving a commercial lease where the landlord sues for possession and the tenant raises defenses or counterclaims pursuant to this chapter or the lease agreement:

(1)the tenant is required to pay the landlord all rent which becomes due after the issuance of a written rule requiring the tenant to vacate or show cause as rent becomes due and the landlord is required to provide the tenant with a written receipt for each payment except when the tenant pays by check; and

(2)the tenant is required to pay the landlord all rent allegedly owed prior to the issuance of the rule; provided, however, that in lieu of the payment the tenant may be allowed to submit to the court a receipt and cancelled check, or both, indicating that payment has been made to the landlord.

(B)(1)In the event a jury trial is requested and upon motion of either party or upon his own motion, the magistrate may order that the commercial lease ejectment case be heard at the next term of court following the tenant’s appearance.

(2)In the event that the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord.

(3)If the tenant appears in response to the rule and alleges that rent due as provided by Section 2737150 and this section has been paid, the court shall determine the issue. If the tenant has failed to comply with Section 2737150 and this section, the court shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable.

(4)If the amount of rent due is determined at final adjudication to be less than alleged by the landlord, decision must be entered for the tenant if the court determines that the tenant has complied fully with the provisions of Section 2737150, this section, and the lease agreement.

(5)If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action as provided by Section 2737150 and this section, the order may require the payments to be made (a) directly to the commercial landlord or to the clerk of court, to be held until final disposition of the case, or (b) through the magistrate’s office. If payments are to be made through the magistrate’s office, a fee of three percent of the rental payment must be added to the amount paid through the office and the fee of three percent shall be retained in the collecting magistrate’s office to defray the costs of collection. If the tenant fails to make a payment as provided in Section 2737150 and this section, the tenant’s failure to comply entitles the landlord to execution of the judgment for possession and, upon application of the landlord, the magistrate shall issue a warrant of ejectment and the landlord must be placed in full possession of the premises by the sheriff, deputy, or constable.”

Time effective

SECTION2.This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Approved the 9th day of June, 2006.

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