Commercial Lease Laws in South Carolina
Don't sign a lease in South Carolina until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
Some SC commercial leases include “distress” style remedies (seizure of tenant property for unpaid rent). Negotiate removal/waiver and protect lender-secured assets.
Clarify who pays hurricane deductibles and who maintains/repairs the roof. Cap your exposure to building-wide claims and keep structural repairs with the landlord.
Common Red Flags in South Carolina
Commercial real estate in South Carolina typically favors the landlord in standard lease drafts. Whether you are in Columbia or elsewhere, you need to watch out for:
- Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
- Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
- Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions
Is a Triple Net (NNN) lease legal in South Carolina?
Yes, NNN leases are the industry standard for commercial retail and office space in South Carolina. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in South Carolina?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.