South Carolina retail lease agreement template

South Carolina Retail Lease Agreement

This Retail Lease Agreement (the “Agreement”) is made and entered into as of this [Date] by and between [Landlord Legal Name], a [Landlord Business Type] with a mailing address of [Landlord Mailing Address], email of [Landlord Email], hereinafter referred to as "Landlord", and [Tenant Legal Name], a [Tenant Business Type] with a mailing address of [Tenant Mailing Address], email of [Tenant Email], hereinafter referred to as "Tenant".

Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises located at [Property Address], Tax Map Number [Tax Map Number], within the [Retail Center/Development Name] (if applicable), unit/suite number [Unit/Suite Number] (the “Premises”).

The Premises are legally described as follows: [Legal Description]. The Premises contain approximately [Square Footage] square feet of [Usable/Rentable] area. The storefront dimensions are approximately [Storefront Dimensions].

The Premises are located [Position within the Property, e.g., "on the east side of the building"].

Common Areas

Tenant shall have the right to use the following common areas:

• Parking Lots:
  • Option A: Non-reserved parking spaces.
  • Option B: Reserved parking spaces [Number].
• Loading Docks.
• Signage Areas: [Description of Signage Areas].
• Storage: [Description of Storage Areas].
• Restrooms.
• Delivery Corridors.

Tenant shall have exclusive use of the following areas, if any: [Description of Exclusive Use Areas, e.g., Outdoor Displays, Kiosks, Patios].

Permitted Use

The Premises shall be used and occupied solely for the purpose of operating a [Detailed Business Description, e.g., Clothing Boutique, Restaurant, Convenience Store].

Exclusivity/Co-Tenancy:

• Option A: Landlord grants Tenant exclusive rights to operate a [Type of Business] within the [Property/Center].
• Option B: Co-tenancy clause: If [Anchor Tenant(s)] ceases to operate, Tenant shall have the right to [Terminate Lease/Reduce Rent].

Tenant shall not change the use of the Premises, sublease, or assign this Lease without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant shall comply with all recorded covenants, conditions, and restrictions (CC&Rs), shopping center rules, owner association requirements, and applicable zoning and licensing requirements.

Lease Term

The term of this Lease shall commence on [Start Date] and expire on [Expiration Date].

Renewal Options:

• Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term. The rent for each renewal term shall be [Stated Amount/CPI Increase/Market Rate].
• Option B: No renewal option.

Early Termination: [Terms for Early Termination due to Casualty, Default, or Legal Impossibility, including South Carolina-compliant notice periods].

Move-In/Move-Out: Tenant shall move in on the commencement date and shall vacate the Premises on the expiration date or termination date, broom clean and in good repair, reasonable wear and tear excepted.

Rent

Rent:

• Option A: Fixed Rent: The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month.
• Option B: Percentage Rent: The base rent shall be [Dollar Amount] per month, plus [Percentage]% of gross sales exceeding [Dollar Amount]. Gross sales shall be defined as [Definition of Gross Sales].

Escalation:

• Option A: Annual Increase: The base rent shall increase by [Percentage]% annually on the anniversary of the commencement date.
• Option B: CPI Increase: The base rent shall increase annually based on the Consumer Price Index (CPI) [Specify Index].

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which may be used to cover damages, unpaid rent, or other tenant obligations. The security deposit will be held at [Bank Name]. Landlord shall return the security deposit, less any deductions, within [Number] days after Tenant vacates the Premises and provides Landlord with a forwarding address, as required by South Carolina law.

Prorated Rent: Rent for any partial month shall be prorated on a daily basis.

Payment Methods: Rent shall be payable by [Check/Wire Transfer/Online Payment].

Late Fees: A late fee of [Dollar Amount] or [Percentage]% (whichever is greater, not exceeding South Carolina legal limits) shall be charged for rent payments received more than [Number] days after the due date.

NSF Charges: A fee of [Dollar Amount] shall be charged for any rent payment returned for non-sufficient funds.

Rent Reconciliation (for Percentage Rent): Tenant shall provide Landlord with monthly sales reports within [Number] days after the end of each month. Annual reconciliation shall occur within [Number] days after the end of each lease year.

Property Taxes

Tenant shall be responsible for paying its proportionate share of property taxes. The Premises' proportionate share is calculated as [Percentage]% of the total property taxes, based on the Premises' square footage relative to the total square footage of the property.

Tenant shall pay its share of property taxes within [Number] days of receiving a statement from Landlord.

Landlord shall provide Tenant with documentation supporting the property tax assessment.

Tenant shall have the right to audit Landlord's property tax calculations.

Common Area Maintenance (CAM)

Tenant shall pay its proportionate share of CAM charges. The Premises' proportionate share is calculated as [Percentage]% of the total CAM expenses, based on the Premises' square footage relative to the total square footage of the property.

CAM charges shall include the following: [Detailed List of Included Items, e.g., Parking Lot Upkeep, Exterior Lighting, Landscaping, Sidewalks, Insurance, Property Management Fees, Onsite Security, Snow/Ice Removal].

Landlord shall provide Tenant with quarterly/annual CAM statements. Tenant shall have the right to audit Landlord's CAM calculations.

Any overpayment or underpayment of CAM charges shall be reconciled within [Number] days after the end of each lease year.

Utilities

Tenant shall be responsible for paying for the following utilities: [Electricity, Water, Sewer, Gas, HVAC, Waste Removal, Telecommunications, Fire Alarm Monitoring].

Utilities shall be [Metered/Submetered/Equitably Allocated].

Landlord shall not be liable for any interruption of utility services.

Landlord shall maintain the [Specify Utilities] up to the point of connection to the Premises.

Improvements

Landlord's Delivery Standard:

• Option A: As-Is.
• Option B: Vanilla Shell.
• Option C: Turnkey: [Description of Turnkey Improvements].

Tenant Improvement Allowance: Landlord shall provide Tenant with a tenant improvement allowance of [Dollar Amount].

Approved Contractors: Tenant shall use contractors approved by Landlord, who are licensed in South Carolina.

Plan Approval: Tenant shall submit plans for any improvements to Landlord for approval. Landlord shall approve or disapprove the plans within [Number] days.

Lien Waivers: Tenant shall provide Landlord with lien waivers from all contractors.

Construction Compliance: All construction shall comply with South Carolina building codes.

Removal/Restoration: At the end of the Lease term, Tenant shall [Remove Improvements/Leave Improvements], at Landlord's option. If Tenant is required to remove improvements, Tenant shall restore the Premises to its original condition.

Maintenance and Repair

Landlord's Obligations: Landlord shall be responsible for maintaining and repairing the [Roof, Exterior Walls, Structural Components, Common Areas].

Tenant's Obligations: Tenant shall be responsible for maintaining and repairing the [Interior of the Premises, Plumbing, Electrical Systems within the Premises, HVAC Systems within the Premises, Plate Glass].

Emergency Repairs: In the event of an emergency, either party may make necessary repairs and seek reimbursement from the other party if the repair was the other party's responsibility.

Hazards and Pest Control: Tenant shall maintain the premises free from hazards and shall be responsible for pest control within the Premises.

Health Code Compliance: Tenant shall comply with all South Carolina health codes, particularly if operating a retail food service operation.

Insurance

Tenant's Insurance: Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount], property insurance covering the Premises, workers' compensation insurance, and business interruption insurance. Tenant shall provide Landlord with certificates of insurance.

Landlord's Insurance: Landlord shall maintain insurance on the building.

Waiver of Subrogation: Each party waives any right of subrogation against the other party.

Indemnification: Tenant shall indemnify Landlord against any claims arising from Tenant's use of the Premises.

Casualty: In the event of casualty, the Lease shall [Terminate/Be Suspended], depending on the extent of the damage.

Code Compliance

Tenant shall comply with all South Carolina retail building and fire safety regulations, ADA accessibility requirements, and local ordinances.

If Tenant's business requires an alcohol license, Tenant is responsible for obtaining and maintaining that license.

Signage

Tenant shall be permitted to install signage in the following location(s): [Location(s)].

The size and content of the signage shall be subject to Landlord's approval and local ordinances.

Parking, Loading, and Access

Tenant's employees and customers shall be permitted to use the parking areas designated for customer and employee parking.

Tenant shall not block or obstruct loading areas or accessways.

Landlord may establish rules and regulations for parking and access.

South Carolina Specific Provisions

Tenant shall obtain and maintain all required South Carolina business licenses and tax certificates.

Tenant shall indemnify Landlord against any environmental liability related to hazardous substances brought onto the Premises by Tenant.

Landlord shall have the right to enter the Premises for repairs, inspections, or emergencies, subject to providing Tenant with [Number] hours' notice, as required by South Carolina law, except in the case of an emergency.

Default and Remedies

Tenant's Default: The following shall constitute a default by Tenant: failure to pay rent, failure to comply with the terms of this Lease, abandonment of the Premises.

Landlord's Remedies: Upon Tenant's default, Landlord shall have the right to: terminate the Lease, re-enter the Premises, accelerate rent, and pursue other remedies available under South Carolina law. Landlord shall provide Tenant with a notice to cure, as required by South Carolina law, before terminating the Lease. Landlord shall mitigate damages as required by South Carolina law. Self-help eviction is prohibited.

Landlord's lien rights are governed by South Carolina law.

Dispute Resolution

The parties shall attempt to resolve any disputes arising out of this Lease through good faith negotiation. If negotiation is unsuccessful, the parties shall attempt mediation/arbitration before resorting to litigation. Venue for any legal action shall be in [County Name] County, South Carolina. South Carolina law shall govern this Lease.

Move-Out Procedures

Upon termination of the Lease, Tenant shall remove all personal property and fixtures from the Premises and restore the Premises to its original condition, reasonable wear and tear excepted.

Tenant shall provide Landlord with a forwarding address for the return of the security deposit.

Landlord shall return the security deposit, less any deductions for damages or unpaid rent, within [Number] days after Tenant vacates the Premises, in accordance with South Carolina law.

Disclosures

Lead-Based Paint Disclosure (if applicable).

Flood Hazard Notice (if applicable).

Other Required South Carolina Disclosures: [List any other required South Carolina disclosures].

Exhibits

• Exhibit A: Floor Plan.
• Exhibit B: Build-Out Specifications.
• Exhibit C: Rent Schedule.
• Exhibit D: Rules and Regulations.

Miscellaneous

Modifications: Any modifications to this Lease must be in writing and signed by both parties.

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to force majeure events.

Waiver: No waiver of any provision of this Lease shall be effective unless in writing and signed by the waiving party.

This Lease is compliant with the South Carolina Commercial Code and applicable statutes.

IN WITNESS WHEREOF, the parties have executed this Retail Lease Agreement as of the date first written above.

____________________________

[Landlord Legal Name]

By: [Landlord Signature]

[Landlord Printed Name]

____________________________

[Tenant Legal Name]

By: [Tenant Signature]

[Tenant Printed Name]