South Carolina office lease agreement template
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How South Carolina office lease agreement Differ from Other States
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South Carolina requires the landlord to disclose the presence of any known lead-based paint hazards for buildings constructed before 1978.
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Unlike some states, South Carolina does not dictate a statutory maximum security deposit amount for commercial leases.
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South Carolina law allows parties significant flexibility in determining lease renewal procedures and termination notice requirements.
Frequently Asked Questions (FAQ)
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Q: Is notarization required for a South Carolina office lease agreement?
A: Notarization is not legally required, but it is recommended for added formality and proof of execution.
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Q: Are there legal limits on security deposits for office leases in South Carolina?
A: No, South Carolina does not impose statutory limits on security deposits for commercial properties.
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Q: What disclosures must be included in a South Carolina office lease agreement?
A: Landlords must disclose known lead-based paint hazards in buildings built before 1978 and comply with federal requirements.
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South Carolina Office Lease Agreement
This South Carolina Office Lease Agreement ("Lease") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], a [Landlord's Entity Type, e.g., South Carolina Corporation], with an address at [Landlord's Full Address] ("Landlord"), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., South Carolina LLC], with an address at [Tenant's Full Address] ("Tenant").
1. Premises
The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the office space located at [Property Address], designated as Suite/Room [Suite/Room Number] (the "Premises").
The Premises contains approximately [Square Footage] square feet, measured according to [Method of Measurement, e.g., BOMA standard].
The Premises are located on floor(s) [Floor Number(s)].
Exclusive/Shared Use Rights:
Option A: Tenant shall have exclusive use of the Premises.
Option B: Tenant shall have shared use of the following common areas: [List of Common Areas, e.g., lobby, conference room, restrooms, elevators, parking]. The specifics of shared use rights are detailed in Exhibit [Exhibit Number].
2. Use of Premises
The Premises shall be used solely for general office purposes and activities consistent with applicable municipal zoning and building codes in [City/County], South Carolina.
Prohibited Uses:
Retail use
Industrial use
Medical use
Residential use
Tenant shall not conduct any illegal activities, operate a business not compliant with local zoning, make unauthorized changes of use, or sublet/assign the Premises without Landlord’s prior written consent, which shall be governed by South Carolina statutory compliance procedures.
3. Lease Term
The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date].
Early Access:
Option A: Tenant shall not have early access to the premises.
Option B: Tenant shall be granted early access beginning [Early Access Date].
Holdover: Any holdover beyond the expiration date shall be on a month-to-month basis at a rent equal to [Percentage]% of the then-current base rent, subject to South Carolina law.
Renewal Option:
Option A: Tenant shall not have an option to renew.
Option B: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration, e.g., one year]. To exercise this option, Tenant must provide written notice to Landlord no later than [Number] days prior to the expiration date of the then-current term. The rent for the renewal term shall be adjusted to [Rent Adjustment Formula, e.g., CPI increase, Market Rate].
4. Rent
The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on the Commencement Date.
Payment Method:
Option A: Rent shall be paid by mail to [Mailing Address].
Option B: Rent shall be paid electronically via [Electronic Payment Method].
Option C: Rent shall be paid via direct deposit to [Bank Name, Account Number, Routing Number].
Late Fee: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount or Percentage], or the maximum amount permitted by South Carolina law, will be assessed.
Returned Check Fee: A fee of [Dollar Amount] will be charged for any returned check, as permitted by South Carolina law.
Rent Escalation:
Option A: The rent shall remain fixed for the entire term.
Option B: The rent shall increase annually by [Percentage]%.
Option C: The rent shall be adjusted annually based on the Consumer Price Index (CPI), as published by the U.S. Department of Labor, [Specific CPI Index, e.g., All Urban Consumers, South Region].
Tenant shall be responsible for all applicable South Carolina property or rental taxes.
Option A: Property or rental taxes are included in the base rent.
Option B: Property or rental taxes will be reimbursed by the Tenant within [Number] days of receiving the Landlord's invoice.
The monthly rent consists of base rent in the amount of [Dollar Amount], and additional charges in the amount of [Dollar Amount].
5. Common Area Maintenance (CAM) and Utilities
CAM Responsibility:
Option A: Landlord shall be responsible for all CAM expenses.
Option B: Tenant shall pay a pro-rata share of CAM expenses, calculated as [Formula for Pro-rata Share, e.g., square footage of Premises divided by total rentable square footage of building].
CAM expenses include property management fees, janitorial services, and landscaping.
Utility Responsibility:
Option A: Landlord shall be responsible for all utilities.
Option B: Tenant shall be responsible for the following utilities: [List of Utilities, e.g., electric, water, sewer, trash, internet].
If Tenant is responsible for utilities, billing shall be [Billing Practices, e.g., direct billing by utility company, Landlord billing Tenant based on usage].
6. Security Deposit
Tenant shall deposit with Landlord a security deposit of [Dollar Amount].
The security deposit shall be held in escrow as required by South Carolina law.
The security deposit may be used by Landlord to cover damages to the Premises, unpaid rent, or other breaches of this Lease.
The security deposit, less any permitted deductions under South Carolina law, shall be returned to Tenant within [Number] days after the termination of the Lease and Tenant’s surrender of the Premises.
Any dispute over deductions from the security deposit shall be handled in accordance with South Carolina law.
7. Tenant Improvements and Modifications
Any tenant improvements or modifications to the Premises must be approved by Landlord in writing.
All improvements must comply with building standards, historical preservation rules (if applicable), ADA accessibility, and environmental/hazardous substances compliance.
Upon termination of the Lease, Tenant shall restore the Premises to its original condition, except for Landlord-approved alterations.
8. Maintenance and Repairs
Tenant is responsible for ongoing maintenance and repairs to the interior of the Premises, excluding structural elements, unless caused by Tenant's negligence. Landlord is responsible for the structural elements of the premises, and for the common areas.
Tenant shall promptly report any property damage or defects to Landlord.
Landlord shall handle emergency repairs in a timely manner.
Responsibilities include mold remediation, HVAC upkeep, elevator maintenance, and pest control.
Division of responsibilities for structural versus non-structural elements shall be in accordance with South Carolina law and lease negotiations.
9. Insurance
Tenant shall maintain fire and casualty insurance with minimum coverage limits of [Dollar Amount].
Tenant shall name Landlord as an additional insured where necessary.
Tenant shall provide Landlord with a certificate of insurance.
Landlord shall maintain its own insurance on the building.
Casualty damage procedures shall be handled as follows: [Detailed Casualty Damage Procedures]
Tenant is responsible for insurance on their personal property and business interruption.
10. Access and Security
Building access control, hours of permitted use, and after-hours procedures are as follows: [Detailed Access and Security Procedures]
Tenant is responsible for using the security system properly and ensuring workplace safety.
Emergency evacuation processes are detailed in Exhibit [Exhibit Number].
11. Landlord’s Right of Entry
Landlord shall have the right to enter the Premises for inspections, repairs, or showing the Premises to prospective tenants or buyers, following South Carolina notice requirements.
Notice requirements for entry shall be [Number] hours unless otherwise specified in writing.
12. Signage and Parking
Permitted signage and window treatments are as follows: [Detailed Signage and Window Treatment Restrictions]
Employee or visitor parking allocation is as follows: [Detailed Parking Allocation Information]
Tenant shall comply with building rules of conduct, smoking and noise restrictions, and any owners’ associations or business park covenants registered with the county.
13. Move-In and Move-Out
Move-in and move-out procedures are as follows: [Detailed Move-In and Move-Out Procedures]
Initial and final condition checklists are provided in Exhibit [Exhibit Number].
Tenant shall remove all fixtures upon termination of the Lease.
Abandoned property shall be treated in accordance with South Carolina statutory process.
The security deposit shall be returned within [Number] days of move-out, subject to deductions as permitted by this Lease and South Carolina law.
14. Default and Remedies
Remedies for default and breach include cure periods, termination rights, conditions for judicial eviction in accordance with South Carolina Code Title 27 (Landlord and Tenant Act), recovery of attorney’s fees and costs, acceleration of rent, and mitigation of damages requirements as under South Carolina law.
Cure period for monetary defaults is [Number] days.
Cure period for non-monetary defaults is [Number] days.
15. Indemnification and Waiver
Indemnification and waiver of liability, allocation of casualty risk, limitation of damages, and force majeure clauses are as follows: [Detailed Indemnification, Waiver, and Force Majeure Clauses]
Force Majeure events include regional weather-related events.
16. Dispute Resolution
Disputes shall be resolved through negotiation and mediation, per South Carolina commercial leasing trends.
If mediation is unsuccessful, the dispute shall be resolved in the courts of [County] County, South Carolina.
Venue and jurisdiction shall be exclusively in South Carolina.
Governing law shall be the laws of South Carolina.
Service of notice shall be compliant with South Carolina law.
17. Exhibits
Exhibit A: Floor Plan
Exhibit B: Rules and Regulations
Exhibit C: Move-In Checklist
Exhibit D: [Special Agreements, e.g., Parking Addendum, Storage Addendum]
18. Compliance with Laws
This Lease is subject to all applicable South Carolina local, county, and state laws and regulations on commercial real estate.
Tenant is responsible for obtaining any required permits for occupancy or improvements.
This agreement also confirms compliance with all applicable South Carolina local, county, and state laws and regulations on commercial real estate, city or county code (zoning, business license, fire and life safety, environmental, asbestos or lead disclosures if applicable), and any required permits for occupancy or improvements.
Tenant shall comply with all applicable business tax obligations and South Carolina employment, accessibility, and building occupancy regulations specific to commercial office use.
19. Special Provisions
[Special Provisions, e.g., Backup Generator Access, Data Center Infrastructure, Shared Conference Room Scheduling Protocols, Security Desk Procedures]
IN WITNESS WHEREOF, the parties have executed this South Carolina Office Lease Agreement as of the date first written above.
____________________________
[Landlord's Full Legal Name]
By: ____________________________
[Landlord's Signature]
Title: [Landlord's Title]
____________________________
[Tenant's Full Legal Name]
By: ____________________________
[Tenant's Signature]
Title: [Tenant's Title]