Commercial Leases

If a business involves use or ownership of real estate, most likely it will require entering into a lease agreement, either as a landlord or as a tenant. There is very little regulation of commercial leases in South Carolina, so the only way a company can protect itself is in the wording of the lease agreement. Clarity and conciseness in lease provisions can make a large difference in outcomes if problems develop. As many small companies are not well capitalized, there is little financial protection, unless you get the lease personally guaranteed. If the other party defaults, a landlord cannot recover attorney’s fees and court costs from them in South Carolina unless the lease provides for attorney’s fees and costs in the event of default.