S.C. Code Ann. § 27-39-230
Property exempt from distress
Operative Text
The following property is exempt from distress for rent: (1) personal clothing and food within the dwelling; (2) bedsteads; (3) bedding and cooking utensils; and (4) property which is owned by a third party for which the magistrate finds ownership was not transferred from the tenant to the third party for the purpose of avoiding distraint.
Under S.C. Code Ann. § 27-39-230, certain categories of personal property located in a rental dwelling cannot be seized by a landlord through the legal process known as distress for rent. Specifically, the provision shields personal clothing, food kept in the home, bedsteads, bedding, and cooking utensils from such seizure. Additionally, property that genuinely belongs to a third party—meaning it was not transferred from the tenant simply to shield it from collection—is also protected from distress.
Plain English — not legal advice.
Landlords and property managers pursuing distress for rent in South Carolina must be aware that § 27-39-230 places firm limits on which items may be seized. Compliant operators avoid attempting to distrain personal clothing, food, bedsteads, bedding, or cooking utensils found in the dwelling. When third-party property is present on the premises, a magistrate determines whether ownership was legitimately held by that third party or was transferred by the tenant to evade distraint, so operators generally document the circumstances carefully before proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-39-230 of the South Carolina Code gives tenants a legal shield protecting certain essential personal belongings—such as clothing, food, bedsteads, bedding, and cooking utensils—from being seized for unpaid rent through the distress process. If a landlord attempts to distrain items that fall within these exempt categories, a tenant may raise the exemption as a defense before the magistrate handling the matter. Tenant-rights organizations in South Carolina can help individuals understand how these protections apply and what options exist for challenging an improper distress action.
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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