S.C. Code Ann. § 27-39-320
Sale of distrained property
Operative Text
If the tenant fails to give bond as above prescribed then the officer may sell such property at public auction to the highest bidder for cash at a designated place of sale after posting a notice of such sale for five days upon the premises and two other public places in the county stating the time and place of such sale.
Under S.C. Code Ann. § 27-39-320, when a tenant's property has been seized (distrained) and the tenant does not post the required bond to contest or delay the sale, the law authorizes a public officer to sell that property at a public auction to the highest cash bidder. Before the sale can proceed, a notice must be posted for at least five days at the premises and at two other public locations in the county, each notice stating the time and place of the auction. This provision establishes the procedural steps that govern the forced sale of distrained tenant property in South Carolina.
Plain English — not legal advice.
Property owners and managers operating under South Carolina's distraint process should understand that § 27-39-320 places the responsibility for proper notice squarely on the officer conducting the sale, not the landlord directly, but landlords initiating distraint proceedings should be familiar with these requirements. A compliant process involves ensuring that the designated officer posts sale notices at the rental premises and two additional public county locations for the full five-day period before any auction is held. Landlords generally work with the appropriate officer to confirm that all procedural steps are documented, since a failure to follow the notice requirements could affect the validity of the sale.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-39-320, a tenant whose property has been distrained has the right to post a bond as described in South Carolina law, and doing so can prevent an immediate public auction of that property. If a tenant does not post bond, the law permits a sale to proceed only after a five-day public notice period, giving the tenant a window to become aware of the scheduled auction. Tenants facing distraint proceedings may wish to consult a tenant-rights organization or legal aid service to understand the bond process and any other options available under South Carolina law before a sale occurs.
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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