New law aims at squatters, eviction delays

South Carolina property owners now have a faster legal path to remove people unlawfully occupying their homes under a new law signed June 30, according to Live 5 News in Charleston.

The legislation creates a new court process allowing property owners to seek expedited removal of individuals occupying residential property without permission. House Speaker Murrell Smith said the measure allows homeowners quick access to a judge when someone is unlawfully living in their property.

“If you’re the rightful owner of a house and someone is in your property and refuses to vacate, then you can go to the magistrate’s court and get an immediate ejection order on a temporary basis,” said Smith, R-Sumter.

Nick Kremydas, CEO of the South Carolina Association of Realtors, said the law creates a faster process that relies on courts and law enforcement rather than property owners handling situations themselves.

“I think the days of squatters being allowed to hijack a property are over,” he said.

The law also changes South Carolina’s eviction appeals process. Previously, tenants could remain in a property while an eviction appeal moved through the courts. Under the new law, tenants seeking to delay enforcement of an eviction judgment must continue paying rent while the appeal is pending. Smith said the previous system was routinely abused.

“They have to either pay the rent or they have to vacate the property, so you can’t drag it on for two to three years in the appellate process any longer,” he said.

Housing advocates say they support the intent but are watching closely. Sue Berkowitz of the South Carolina Appleseed Legal Justice Center noted the law does not eliminate protections for tenants covered by the state’s landlord-tenant laws.

“I just want the landlords to know that we’re going to be monitoring this and making sure that it’s not used against tenants who do have legal protections,” she said.

The law also gives RV park operators expanded authority to remove disruptive guests or those who fail to pay rent, and authorizes law enforcement to assist with removals in certain circumstances.