S.C. Code Ann. § 27-39-300
Damages for unreasonable and excessive distress
Operative Text
Any lessor or landlord who makes unreasonable and excessive distress shall be liable for all damages sustained by the tenant whose goods are distrained by reason of such excessive distress. Such damage may be recovered by an action in any court of competent jurisdiction.
Under S.C. Code Ann. § 27-39-300, a landlord who seizes or holds a tenant's personal property in a manner that is unreasonable or excessive — a legal process known as 'distress' — becomes liable for all damages the tenant suffers as a result of that overreach. The provision establishes a civil remedy that can be pursued in any court with appropriate jurisdiction. It is designed to place a check on the use of distress as a collection or enforcement tool by making landlords financially accountable for abuses of that process.
Plain English — not legal advice.
Landlords in South Carolina who exercise the remedy of distress — the seizure of a tenant's goods to satisfy unpaid rent or other obligations — must ensure that any such action is strictly proportionate and legally justified under S.C. Code Ann. § 27-39-300. Operators who proceed with distress beyond what the law permits expose themselves to liability for the full measure of damages the tenant can demonstrate. Compliant property managers typically document the legal basis for any distress action carefully and consult legal counsel before initiating the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-39-300 gives tenants a right to seek compensation when a landlord's distress action against their belongings is unreasonable or excessive in scope. A tenant who believes their goods were wrongfully or disproportionately seized may bring a civil claim for all resulting damages in a court of competent jurisdiction. Tenants in this situation may benefit from contacting a tenant-rights organization or legal aid office to understand the range of options available to them.
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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