S.C. Code Ann. § 27-40-800
Undertaking on appeal and order staying execution
Operative Text
(a) Upon appeal to the circuit court, the case must be heard, in a manner consistent with other appeals from magistrates' court, as soon as is feasible after the appeal is docketed. (b) It is sufficient to stay execution of a judgment for ejectment that the tenant sign an undertaking that he will pay to the landlord the amount of rent, determined by the magistrate in accordance with SECTION 27-40-780, as it becomes due periodically after the judgment was entered. Any magistrate, clerk, or circuit court judge shall order a stay of execution upon the undertaking. (c) The undertaking by the tenant and the order staying execution may be substantially in the following form: State of South Carolina County of __________ ____________________ Landlord vs. ____________________ Tenant Bond to Stay Execution on Appeal to Circuit Court Now comes the tenant in the above entitled action and respectfully shows the court that a judgment of ejectment was issued against the tenant and for the landlord on the ___ day of __________, 19_, by the magistrate. Tenant has appealed the judgment to the circuit court. Pursuant to the findings of the magistrate, the tenant is obligated to pay rent in the amount of $_____ per _____, due on the ___ day of each __________. Tenant hereby undertakes to pay the periodic rent hereinafter due according to the aforesaid findings of the court and moves the circuit court to stay execution on the judgment for ejectment until this matter is heard on appeal and decided by the circuit court. This the __________ day of __________, 19___ _ Tenant Upon execution of the above bond, execution on the judgment of ejectment is hereby stayed until the action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within five days of the due date, upon application of the landlord, the stay of execution shall dissolve, the appeal by the tenant to the circuit court on issues dealing with possession must be dismissed and the sheriff may dispossess the tenant. This the __________ day of __________, 19___ _ Judge (d) If either party disputes the amount of the payment or the due date in the undertaking, the aggrieved party may move for modification of the terms of the undertaking before the circuit court. Upon the motion and upon notice to all interested parties, the court shall hold a hearing as soon as is feasible after the filing of the motion and determine what modifications, if any, are appropriate. No judgment for ejectment may be executed pending a hearing on the motion, provided the tenant complied with the terms of the undertaking. (e) If the tenant fails to make a payment within five days of the due date according to the undertaking and order staying execution, the clerk, upon application of the landlord, shall issue a warrant of ejectment to be executed pursuant to SECTION 27-37-40 of the 1976 Code. (f)(1) Upon appeal to the Supreme Court or to the court of appeals, it is sufficient to stay execution of a judgment for ejectment that the tenant sign an undertaking that he will pay to the landlord the amount of rent, determined by order of the judge of the circuit court, as it becomes due periodically after judgment was entered. The judge of the court having jurisdiction shall order stay of execution upon the undertaking. (2) The tenant's failure to comply with the terms of the undertaking entitles the landlord to execution of the judgment for possession in accordance with the provisions of subsection (e) of this section.
Section 27-40-800 of the South Carolina Code establishes a mechanism by which a tenant who has received a judgment of ejectment can keep that judgment from being enforced while an appeal is pending. To obtain this stay of execution, the tenant must sign a written undertaking promising to continue paying rent as it comes due, in the amount determined by the magistrate. If the tenant misses a rental payment by more than five days, the stay dissolves automatically upon the landlord's application, and the appeal on the issue of possession is dismissed. The same framework extends to appeals reaching the Court of Appeals or Supreme Court, with the circuit court judge setting the rent amount for that stage.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-40-800, a landlord who has obtained a judgment of ejectment should be aware that a tenant may delay enforcement of that judgment by signing a formal undertaking to pay ongoing rent during the appeal period. Compliant operators typically track each periodic rent payment carefully against the due dates established in the undertaking, because the statute allows a landlord to apply to the clerk for a warrant of ejectment if the tenant falls more than five days behind. If the landlord believes the rent amount or due date stated in the undertaking is incorrect, § 27-40-800(d) provides a process to move the circuit court for modification of those terms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-40-800 gives a tenant who has been issued a judgment of ejectment the right to stay — or pause — enforcement of that judgment while appealing to the circuit court, the Court of Appeals, or the Supreme Court, by signing an undertaking to keep paying rent as it comes due. Tenants should understand that the protection of this stay depends entirely on making each rent payment on time; a payment more than five days late can result in the stay dissolving and the appeal on possession being dismissed. If a tenant believes the rent amount or due date set out in the undertaking is inaccurate, § 27-40-800(d) allows either party to ask the circuit court to hold a hearing and modify those terms, and tenant-rights organizations in South Carolina can help explain how that process generally works.
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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