Tolemac, Inc. v. United Trading, Inc.

MOORE, Justice:

This case involves the construction of our statutory scheme allowing the distraint of personal property for rent. The master found third-party property on the rented premises was not subject to distraint. We reverse and remand.

FACTS

Appellant Tolemac (Landlord) subleased a warehouse to United Trading, Inc. (Tenant). When Tenant’s rent was in arrears for $41,666, Landlord commenced this action for collection of rent by distraint pursuant to S.C.Code Ann. § 27-39-210 (1991). Under this statutory procedure, a landlord obtains a distress warrant from a magistrate after a predistress…