This South Carolina Commercial Lease Agreement (Lease) is entered into on this day of
, 20 , by and between (Landlord) and
(Tenant). Landlord is the owner of land and improvements whose
address is: . Landlord makes available for lease a
portion of the Building designated as (Leased Premises).
Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the
Leased Premises from Landlord for the term, at the rental and upon the provisions set forth
THEREFORE, in consideration of the mutual promises contained herein, and for other good
and valuable consideration, it is agreed:
The Initial Term of the Lease shall begin on the day of , 20 , and
end on the day of , 20 . Landlord shall use its best efforts to put
Tenant in possession of the Leased Premises on the beginning of the Lease term. If Landlord
is unable to timely provide the Leased Premises, rent shall abate for the period of delay.
Tenant shall make no other claim against Landlord for any such delay.
Tenant may renew the Lease for one extended term of . Tenant
shall exercise such renewal option, if at all, by providing written notice to Landlord not less
than ____________ days prior to the expiration of the Initial Term. The renewal term shall
be at the rental set forth below and otherwise upon the same covenants, conditions and
provisions as contained in this Lease.
Tenant shall pay to Landlord during the Initial Term rent of dollars ($)
per year, payable in installments of dollars ($) per month. Each
installment payment shall be due in advance on the first day of each calendar month during
the lease term to Landlord at the following address:
The rental payment amount for any partial calendar months included in the lease term shall
be prorated on a daily basis.
Tenant shall also pay to Landlord a "Security Deposit" in the amount of _______ dollars ($).
The rental for any renewal lease term, if created as permitted under this Lease, shall be
_________ dollars ($) per year payable in installments of _______ dollars ($) per month.
Prohibited Uses.
Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of
storing, manufacturing or selling any explosives, flammables or other inherently dangerous
substance, chemical, thing or device.
Sublease and Assignment.
Tenant shall have not have (check one) the right without Landlord's consent, to
assign this Lease to a business with which Tenant may merge or consolidate, to any
subsidiary of Tenant, to any corporation under common control with Tenant, or to a
purchaser of substantially all of Tenant's assets.
Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises,
or assign this Lease in whole or in part without Landlord's consent, such consent not to be
unreasonably withheld or delayed.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the
Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings,
and other parts of the Leased Premises damaged or worn through normal occupancy, except
for major mechanical systems or the roof, subject to the obligations of the parties otherwise
set forth in this Lease.
Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's consent, to
remodel, redecorate, and make additions, improvements and replacements of and to all or
any part of the Leased Premises from time to time as Tenant may deem desirable, provided
the same are made in a workmanlike manner and utilizing good quality materials. Tenant
shall have the right to place and install personal property, trade fixtures, equipment and
other temporary installations in and upon the Leased Premises, and fasten the same to the
premises. All personal property, equipment, machinery, trade fixtures and temporary
installations, whether acquired by Tenant at the commencement of the Lease term or placed
or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property
free and clear of any claim by Landlord. Tenant shall have the right to remove the same at
any time during the term of this Lease provided that Tenant shall repair, at Tenant's
expense, all damage to the Leased Premises caused by such removal.
Property Taxes.
Landlord shall pay, prior to delinquency, all general real estate taxes and installments of
special assessments coming due during the Lease term on the Leased Premises, and all
personal property taxes with respect to Landlord's personal property, if any, on the Leased
Premises. Tenant shall be responsible for paying all personal property taxes with respect to
Tenant's personal property at the Leased Premises.
If the Leased Premises or any other part of the Building is damaged by fire or other casualty
resulting from any act of negligence by Tenant or by any of Tenant's agents, employees or
invitees, rent shall not be diminished or abated while such damages are under repair, and
Tenant shall be responsible for the costs of repair not covered by insurance.
Landlord shall maintain fire and extended coverage insurance on the Building and the
Leased Premises in such amount as Landlord shall deem appropriate. Tenant shall be
responsible, at its expense, for fire and extended coverage insurance on all of its personal
property, including removable trade fixtures, located in the Leased Premises.
Tenant and Landlord shall, each at its own expense, maintain a policy or policies of
comprehensive general liability insurance with respect to the particular activities of each in
the Building with the premiums thereon fully paid on or before due date. Such insurance
policy shall be issued by and binding upon an insurance company approved by Landlord,
and shall afford minimum protection of not less than $1,000,000 combined single limit
coverage of bodily injury, property damage or combination thereof. Tenant shall provide
Landlord with current Certificates of Insurance evidencing Tenant's compliance with this
The following utilities shall be the Tenant’s responsibilities. Any utility expenses not
included can be assumed to be the LANDLORD’s responsibility.
Following Landlord's consent, Tenant shall have the right to place on the Leased Premises,
at locations selected by Tenant, any signs which are permitted by applicable zoning
ordinances and private restrictions. Landlord may refuse consent to any proposed signage
that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with
or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist
and cooperate with Tenant in obtaining any necessary permission from governmental
authorities or adjoining owners and occupants for Tenant to place or construct the foregoing
signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of
signs installed by Tenant.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to
inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's
business on the Leased Premises.
During the term of this Lease, Tenant shall have the non-exclusive use in common with
Landlord, other tenants of the Building, their guests and invitees, of the non-reserved
common automobile parking areas, driveways, and footways, subject to rules and
regulations for the use thereof as prescribed from time to time by Landlord. Landlord
reserves the right to designate parking areas for Tenant and Tenant's agents and
employees. Tenant shall provide Landlord with a list of all license numbers for the cars
owned by Tenant, its agents and employees.
Building Rules.
Tenant will comply with the rules of the Building adopted and altered by Landlord from time
to time and will cause all of its agents, employees, invitees and visitors to do so; all changes
to such rules will be sent by Landlord to Tenant in writing. The initial rules for the Building
are attached hereto as Exhibit "A" and incorporated herein for all purposes.
Damage and Destruction.
If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by
fire, casualty or structural defects, such damage or defects not being the result of any act of
negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same
cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90)
days following damage to elect by notice to Landlord to terminate this Lease as of the date
of such damage. In the event of minor damage to any part of the Leased Premises, and if
such damage does not render the Leased Premises unusable for Tenant's purposes,
Landlord shall promptly repair such damage at the cost of the Landlord. In making the
repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from
strikes, governmental restrictions, inability to obtain necessary materials or labor or other
matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from
paying rent and other charges during any portion of the Lease term that the Leased
Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's
purposes. Rentals and other charges paid in advance for any such periods shall be credited
on the next ensuing payments, if any, but if no further payments are to be made, any such
advance payments shall be refunded to Tenant. The provisions of this paragraph extend not
only to the matters aforesaid, but also to any occurrence which is beyond Tenant's
reasonable control and which renders the Leased Premises, or any appurtenance thereto,
inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.
In the event of a default made by Tenant in the payment of rent when due to Landlord,
Tenant shall have ____________ days after receipt of written notice thereof to cure
such default. In the event of a default made by Tenant in any of the other covenants or
conditions to be kept, observed and performed by Tenant, Tenant shall have _______
days after receipt of written notice thereof to cure such default. In the event that the
Tenant shall fail to cure any default within the time allowed under this paragraph,
Landlord may declare the term of this Lease ended and terminated by giving Tenant
written notice of such intention, and if possession of the Leased Premises is not
surrendered, Landlord may reenter said premises. Landlord shall have, in addition to
the remedy above provided, any other right or remedy available to Landlord on
account of any Tenant default, either in law or equity. Landlord shall use reasonable
efforts to mitigate its damages.
Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations
hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and
undisturbed and uninterrupted possession of the Leased Premises during the term of this
If any legally, constituted authority condemns the Building or such part thereof which shall
make the Leased Premises unsuitable for leasing, this Lease shall cease when the public
authority takes possession, and Landlord and Tenant shall account for rental as of that date.
Such termination shall be without prejudice to the rights of either party to recover
compensation from the condemning authority for any loss or damage caused by the
condemnation. Neither party shall have any rights in or to any award made to the other by
the condemning authority.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other
lien presently existing or hereafter arising upon the Leased Premises, or upon the Building
and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such
mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or
other lien to this Lease on such terms and subject to such conditions as such mortgagee
may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full
power and authority to subordinate this Lease to any mortgage, deed of trust or other lien
now existing or hereafter placed upon the Leased Premises of the Building. Tenant agrees
that it will from time to time upon request by Landlord execute and deliver to such persons
as Landlord shall request a statement in recordable form certifying that this Lease is
unmodified and in full force and effect (or if there have been modifications, that the same is
in full force and effect as so modified), stating the dates to which rent and other charges
payable under this Lease have been paid, stating that Landlord is not in default hereunder
(or if Tenant alleges a default stating the nature of such alleged default) and further stating
such other matters as Landlord shall reasonably require.
Security Deposit.
Landlord shall hold the Security Deposit without liability for interest and as security for the
performance by Tenant of Tenant's covenants and obligations under this Lease, it being
expressly understood that Tenant shall not consider the Security Deposit an advance
payment of rent or a measure of Landlord's damages in case of default. Unless otherwise
provided by law or regulation, Landlord may commingle the Security Deposit with
Landlord's other funds. Landlord may, from time to time, without prejudice to any other
remedy, use the Security Deposit to the extent necessary to make good any arrearages of
rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any
such application of the Security Deposit, Tenant shall pay to Landlord on demand the
amount so applied in order to restore the Security Deposit to its original amount. If
Tenant is not in default at the termination of this Lease, Landlord shall return the balance
of the Security Deposit remaining after any such application to Tenant.
Any notice required or permitted under this Lease shall be deemed sufficiently given or
served if sent by United States certified mail, return receipt requested, addressed as
Landlord: _________________
Tenant: __________________
Landlord and Tenant shall each have the right from time to time to change the place notice
is to be given under this paragraph by written notice thereof to the other party.
Tenant represents that Tenant was not shown the Premises by any real estate broker or
agent and that Tenant has not otherwise engaged in, any activity which could form the
basis for a claim for real estate commission, brokerage fee, finder's fee or other similar
charge, in connection with this Lease.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any
omission to take any action on account of such default if such default persists or is
repeated, and no express waiver shall affect any default other than the default specified in
the express waiver and that only for the time and to the extent therein stated. One or more
waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of
the same covenant, term or condition.
Memorandum of Lease.
The parties hereto contemplate that this Lease should not and shall not be filed for record,
but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a
Memorandum of Lease to be recorded for the purpose of giving record notice of the
appropriate provisions of this Lease.
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and
their respective legal representatives, successors and assigns.
Landlord shall not unreasonably withhold or delay its consent with respect to any matter
for which Landlord's consent is required or desirable under this Lease.
If there is a default with respect to any of Landlord's covenants, warranties or
representations under this Lease, and if the default continues more than _________ days
after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its
option and without affecting any other remedy hereunder, cure such default and deduct the
cost thereof from the next accruing installment or installments of rent payable hereunder
until Tenant shall have been fully reimbursed for such expenditures, together with interest
thereon at a rate equal to the lesser of percent (%) per annum or the then highest
lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord
shall pay the un-reimbursed balance plus accrued interest to Tenant on demand.
Compliance with Law.
Tenant and Landlord each shall comply with all laws, orders, ordinances and other public
requirements now or hereafter affecting the Leased Premises as required per South
Carolina law.
Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the
subject matter hereof. This Agreement may be modified only by a further writing that is
duly executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
Printed Name: _________________________
Printed Name: _________________________
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