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South Carolina Commercial Lease Agreement

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South Carolina Legal Requirements

Key SC statutes and obligations that apply to your commercial lease agreement.

Requirements

  • South Carolina commercial leases are governed by general contract law; the Residential Landlord and Tenant Act does not apply to commercial properties
  • Written lease required for terms exceeding one year (Statute of Frauds, S.C. Code Ann. §32-3-10)
  • Both parties must sign; entities should authorize signatories by corporate resolution or LLC member/manager authorization

Restrictions & Limits

  • No rent control applies to South Carolina commercial properties
  • Landlords must use judicial process (ejectment or summary ejectment in magistrate court) for eviction — self-help is prohibited
  • CAM charges, property tax escalations, and utility responsibilities must be expressly defined in the lease to be enforceable

Official Statute References

Primary South Carolina statutes governing this document type.

South Carolina Commercial Lease Agreement FAQ

Common questions about commercial lease agreements under South Carolina law.

What is the commercial eviction process in South Carolina?

Commercial landlords must provide written notice as specified in the lease (commonly 5–10 days for nonpayment). After the notice period expires, the landlord may file an ejectment action in the appropriate court — magistrate court for smaller disputes, circuit court for larger ones. South Carolina courts move relatively efficiently on commercial ejectment matters.

Does South Carolina require a personal guaranty for commercial leases?

A personal guaranty is not legally required but is routinely demanded by landlords for new businesses or LLCs with limited credit history. Negotiate the scope of the guaranty — full-lease guarantees, 'good guy' clauses, and burn-off provisions (guaranty expires after a period of on-time payments) are all common in South Carolina commercial practice.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.