S.C. Code Ann. § 27-39-250
Property of third party on premises
Operative Text
If any property distrained is not the property of the tenant, the tenant shall immediately name the owner and inform the officer of the ownership, and the officer shall distrain sufficient other property of the tenant to pay the rent and costs. Even though property of the tenant must be first applied to payment of the rent and costs, all property upon the rented premises is subject to distress as provided in this section, except property mentioned in Section 27-39-230. If at any time prior to sale, as provided in Section 27-39-320, the landlord is given or receives written notice containing facts substantiating ownership that some of the distrained property is owned by a third party, the third party must receive notice, as provided in Section 27-39-210 , and an opportunity to be heard, as provided in Section 27-39-220. Before the distrained property of the third party is subject to sale pursuant to Section 27-39-320, the magistrate shall find, in a hearing, that the ownership of the property was transferred from the tenant to the third party for the purpose of avoiding distraint. If the magistrate does not make this finding, the property of the third party is exempt from distraint as provided in Section 27-39-230.
Under S.C. Code Ann. § 27-39-250, when a landlord seizes property on rented premises to satisfy unpaid rent (a process called distraint), any property that actually belongs to a third party—not the tenant—receives special protections. The tenant is required to identify third-party-owned property and its owner at the time of seizure, so that the officer can instead seize enough of the tenant's own property to cover the debt. If a third party provides written notice of ownership before a sale occurs, that party is entitled to notice and a hearing, and a magistrate must affirmatively find that the property was transferred to the third party specifically to evade distraint before it can be sold; otherwise, the third party's property is exempt from the process.
Plain English — not legal advice.
Landlords and property managers operating under South Carolina's distraint statutes should be aware that § 27-39-250 limits the reach of distraint to property that genuinely belongs to the tenant. When written notice is received from a third party claiming ownership of seized property before any sale under § 27-39-320, compliant operators ensure that the required notice and hearing procedures under §§ 27-39-210 and 27-39-220 are followed. A magistrate's finding is required before any third-party-owned property can proceed to sale, so operators generally work with the court process rather than proceeding to sale without that determination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-39-250, tenants have a responsibility to immediately identify any property on the premises that belongs to someone else and to name that owner to the distraining officer, which can help redirect the seizure toward the tenant's own property first. Third parties who own property on the rented premises have the right to submit written notice of their ownership and to receive a hearing before their property can be sold. Tenants and third parties who believe property has been improperly seized may wish to consult a tenant-rights organization or legal aid provider familiar with South Carolina's distraint procedures to understand the notice and hearing options available under this section.
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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