IX. Eviction

• Library: South Carolina Foreclosure Law Manual (2021 Ed.)

IX. Eviction

Historically, the creation of a landlord and tenant relationship, the rules surrounding that relationship, and the process of evicting tenants who breach the terms of said relationship were governed by state and local, municipal law. These laws and local practices would vary significantly from jurisdiction to jurisdiction. However, various federal acts have been enacted to codify and unify the patchwork of local and state differences in this area. On May 24, 2018, President Trump signed Senate Bill 2155 (The Economic Growth, Regulatory Relief and Consumer Protection Act) with the primary focus to revise the previously expired portions of the Dodd-Frank Act, originally enacted in 2010. One of the provisions that was resurrected was the Protecting Tenants and Foreclosure Act of 2009 (PTFA). The PTFA had previously expired in 2014.

The re-enacted PTFA, effective June 23, 2018, once again created certain minimum rights afforded to some tenants throughout the country. The general intent of the PTFA was to provide certain tenants, living in properties undergoing the foreclosure process, with protection from sudden eviction. Under the terms of the PTFA all "Bona...