S.C. Code Ann. § 27-39-310
Giving bond to free property from distraint
Operative Text
Within five days after such distraint the tenant may free the property from the lien of the distraint by giving a bond payable to the landlord in double the amount claimed, with sufficient surety or sureties approved by the court, and the issues thus joined shall be tried by the court. The landlord shall have the right to except to the surety or sureties and the surety or sureties shall justify before the magistrate as provided for justification for sureties in claim and delivery actions.
Under S.C. Code Ann. § 27-39-310, when a landlord has placed a distraint (a legal seizure of property to secure unpaid rent), the tenant has a five-day window to release that property from the lien by posting a bond equal to twice the amount the landlord claims is owed. The bond must be backed by a surety or sureties that the court approves, and the underlying dispute is then resolved through court proceedings. The landlord retains the right to challenge the adequacy of the proposed surety, who must then formally justify their qualifications before a magistrate under the same standards used in claim-and-delivery actions.
Plain English — not legal advice.
Under § 27-39-310, a landlord who has initiated a distraint should be aware that the tenant may act within five days to post a bond and lift the lien on the seized property. Compliant operators generally monitor whether a bond has been filed and, if the proposed surety appears insufficient, exercise the statutory right to formally object and require the surety to justify their qualifications before the magistrate. Keeping clear records of the amount claimed and engaging with the court process promptly helps ensure the distraint proceeding moves forward properly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-39-310 gives a tenant whose property has been distrained a five-day opportunity to free that property by posting a bond in double the claimed amount, backed by a court-approved surety. This bond mechanism is a procedural right that can halt the immediate effect of the lien while the dispute is resolved by the court. Tenants facing a distraint may wish to consult a tenant-rights organization or legal aid provider to understand how to identify an acceptable surety and navigate the magistrate court process under this provision.
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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