S.C. Code Ann. § 27-39-220
Predistress hearing
Operative Text
The purpose of the predistress hearing is to protect the tenant's use and possession of property from arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall, after conducting the hearing, find that the landlord's right to distress is valid and the tenant has no overriding right to continue in possession of the property subject to distress, then the magistrate may issue his distress warrant naming the amount of rent due, with costs, and such warrant shall be delivered to an officer as set forth in SECTION 27-39-210.
Section 27-39-220 of the South Carolina Code establishes a predistress hearing as a procedural safeguard before a landlord can seize a tenant's property for unpaid rent. The hearing is designed to prevent arbitrary, unfair, or mistaken deprivation of a tenant's belongings or use of the rental property. Only after a magistrate conducts this hearing and determines that the landlord's distress claim is valid—and that the tenant has no overriding right to keep the property—may a distress warrant be issued specifying the rent owed and associated costs.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-39-220, a landlord seeking to distrain a tenant's property for unpaid rent must first go through a predistress hearing before a magistrate. Compliant operators present clear documentation of the rent owed and are prepared to demonstrate that the distress claim is legally valid. Only after the magistrate issues a distress warrant naming the specific amount due, with costs, may the process proceed to an officer as outlined in § 27-39-210.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-39-220 gives tenants the right to a predistress hearing before any distress warrant can be issued against their property, providing a formal opportunity to contest the landlord's claim. At the hearing, a tenant may present any overriding right to remain in possession of the property or challenge the validity of the landlord's distress claim. Tenants who believe this process has not been properly followed may consider raising the procedural requirement as a defense, consulting a tenant-rights organization, or seeking guidance from a local legal aid office familiar with South Carolina landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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