South Carolina advances new laws targeting unlawful occupants and property damage penalties
January 16, 2025 | 2025 Introduced Senate Bills, 2025 Bills, South Carolina Legislation Bills, South Carolina
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South Carolina lawmakers are taking a firm stance on unlawful occupancy with the introduction of Senate Bill 239, aimed at streamlining the eviction process and imposing stricter penalties for property-related offenses. Proposed on January 16, 2025, the bill seeks to address the growing concerns surrounding illegal detainment and property damage in residential areas.
The bill outlines a clear procedure for property owners to follow when dealing with unlawful occupants. It allows sheriffs to serve notices to vacate through hand delivery or by posting on the property, while also enabling them to verify the identities of those inside. Notably, the sheriff can charge a fee for this service, similar to that of serving a writ of possession, and may stand by during lock changes to ensure peace is maintained.
One of the most significant provisions of the bill is the introduction of felony charges for individuals who intentionally damage a dwelling, with penalties including up to 15 years in prison and fines reaching $10,000. Additionally, those who present false documents to occupy or sell property could face misdemeanor charges, while advertising property without legal authority could result in felony charges with a maximum sentence of 30 years.
The bill has sparked debates among lawmakers and community members, with some advocating for stronger protections for property owners, while others express concerns about potential abuses of power and the impact on vulnerable populations. Critics argue that the bill could disproportionately affect low-income tenants and exacerbate housing instability.
As South Carolina grapples with housing issues, Senate Bill 239 represents a significant shift in how the state addresses unlawful occupancy and property rights. If passed, it could lead to a more efficient eviction process, but also raises questions about the balance between property rights and tenant protections. The bill's future will depend on ongoing discussions and potential amendments as it moves through the legislative process.
The bill outlines a clear procedure for property owners to follow when dealing with unlawful occupants. It allows sheriffs to serve notices to vacate through hand delivery or by posting on the property, while also enabling them to verify the identities of those inside. Notably, the sheriff can charge a fee for this service, similar to that of serving a writ of possession, and may stand by during lock changes to ensure peace is maintained.
One of the most significant provisions of the bill is the introduction of felony charges for individuals who intentionally damage a dwelling, with penalties including up to 15 years in prison and fines reaching $10,000. Additionally, those who present false documents to occupy or sell property could face misdemeanor charges, while advertising property without legal authority could result in felony charges with a maximum sentence of 30 years.
The bill has sparked debates among lawmakers and community members, with some advocating for stronger protections for property owners, while others express concerns about potential abuses of power and the impact on vulnerable populations. Critics argue that the bill could disproportionately affect low-income tenants and exacerbate housing instability.
As South Carolina grapples with housing issues, Senate Bill 239 represents a significant shift in how the state addresses unlawful occupancy and property rights. If passed, it could lead to a more efficient eviction process, but also raises questions about the balance between property rights and tenant protections. The bill's future will depend on ongoing discussions and potential amendments as it moves through the legislative process.
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