South Carolina Commercial Lease Agreement

Security Deposit Limits and Handling

• South Carolina doesn’t have a maximum limit to how much landlords can ask for a commercial lease’s security deposit.
• The landlord can keep the security deposit in any account, and it can co-mingle with other funds.
• Lessors don’t need to bear or pay any interest on the security deposit to the lessees.
• There’s no specific law governing the return of commercial security deposits. However, most landlords follow the residential return period of 30 days.

Right of Entry for Inspections and Repairs

• Most entry rights are more flexible with commercial leases, as it’s not your place of residence. Still, landlords must provide reasonable notice, generally at least 24 hours.
• Depending on the terms, the landlord doesn’t have to make any repairs. The lessor can lease the premises “as is” to the tenant. It means they’re not responsible for any damages or repairs.
• Terms about the tenant leaving the premises in the same/better condition at the end of the agreement mean that the lessee is responsible for repairs.

Environmental Responsibilities

• The lessor should ensure there are no federal, state, or local environmental concerns before the agreement starts.
• If there are environmental concerns, it’s the landlord’s responsibility to fix them before the start of the lease. Otherwise, the lessor can withdraw from the agreement.
• Lessors add indemnity clauses that absolve them of responsibility for environmental issues. However, this is only after they confirm there are no issues and the lease starts.
• The tenant is responsible for fixing environmental issues during the lease. They must return the property in the same condition as they received it.

Notice Requirements

• The notice period in South Carolina depends on the type of lease you have. Options are a commercial month-to-month, week-to-week lease, or fixed term. Fixed term is the most common with commercial agreements.
• Generally, the landlord and lessee must honor the end date of a fixed-term contract. There are only specific conditions under which they can terminate earlier without penalty, such as active military duty.
• Most lessors use a 30 to 60-day notice period.
• Landlords can add penalty fees for early termination, keep the security deposit, or sue the tenant through the small claims court.

Include Required Disclosures

South Carolina is quite relaxed regarding legal disclosures that commercial landlords must add. The only disclosure required in this agreement is the federal one:

• Lead-Based Paint: The landlord must state whether there’s any lead-based paint present on the property if it was built before 1978. They must also provide a pamphlet with information about the hazards of lead poisoning.