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SOUTH CAROLINA COMMERCIAL LEASE AGREEMENT

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SOUTH CAROLINA COMMERCIAL LEASE AGREEMENT
This Lease Agreement made the ____ day of _________________, 20____, by and
between _____________________________________ [name of lessor], of
________________________________________________ [street address], State of
________________, hereinafter referred to as "Lessor", and
_____________________________________ [name of lessee], of
________________________________________________ [street address], State of
________________, hereinafter referred to as "Lessee", collectively referred to herein as the
“Parties”, agree as follows:
1. DESCRIPTION OF LEASED PREMISES: The Lessor agrees to lease to the Lessee the
following described _________ square feet (SF) of _____________ [type of space] located
at _________________________________________________________ [street address],
State of South Carolina.
Additional Description: ______________________________________________
Hereinafter known as the “Premises”.
2. USE OF LEASED PREMISES: The Lessor is leasing the Premises to the Lessee and the
Lessee is hereby agreeing to lease the Premises for the following use and purpose:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Any change in use or purpose the Premises other than as described above shall be upon
prior written consent of Lessor only.
3. TERM OF LEASE: The term of this Lease shall be for a period of ____ year(s) ____
month(s) commencing on the ____ day of _________________, 20____ and expiring at
Midnight on the ____ day of _________________, 20____. (“Initial Term”)
4. BASE RENT: The net monthly payment shall be __________________ dollars
($_______________), payable monthly with the first payment due upon the commencement
of the Lease and each monthly installment payable thereafter on the ____ day of each
month. Said net monthly payment is-hereafter referred to as the "Base Rent". Rent for any
period during the term hereon, which is for less than 1 month shall be a pro-rata portion of
the monthly rent.
5. OPTION TO RENEW: (Check One)
☐ - Lessee may not renew the Lease.
☐ - Lessee may have the right to renew the Lease with a total of ____ renewal
period(s) with each term being ____ year(s) ____ month(s) which may be exercised
by giving written notice to Lessor no less than 60 days prior to the expiration of the
Lease or renewal period.
Rent for each option period shall: (Check One)
☐ - Not increase.
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☐ - Increase as calculated by multiplying the Base Rent by the annual
change in the Consumer Price Index (CPI) published by the Bureau of Labor
Statistics by the most recent publication to the option period start date.
☐ - Increase by ____%
☐ - Increase by ___________________ dollars ($_______________)
6. EXPENSES: [Check and Initial whether this Lease is Gross, Modified Gross, or Triple Net
(NNN)]
☐ - GROSS. Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease be considered a “Gross Lease” and as
such, the Base Rent is the entirety of the monthly rent. Therefore, the Lessee is not
obligated to pay any additional expenses which includes utilities, real estate taxes,
insurance (other than on the Lessee’s personal property), charges or expenses of
any nature whatsoever in connection with the ownership and operation of the
Premises. The Lessor shall be obligated to maintain the general exterior structure of
the Premises, in addition, shall maintain all major systems such as the heating,
plumbing, and electrical. The parking area shall be maintained by the Lessor
including the removal of any snow or environmental hazards as well as the grounds
and lands surrounding the Premises. The Lessor shall maintain at their expense
casualty insurance for the Premises against loss by fire which may or may not
include any extended coverage. The Lessee will provide and maintain personal
liability and property damage insurance as a lessee, at least to the limits of One
Million Dollars ($1,000,000.00), that will designate the Lessor as an "also named
insured", and shall provide the Lessor with a copy of such insurance certification or
policy prior to the effective date of this Lease.
☐. MODIFIED GROSS. Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease shall be considered a “Modified Gross
Lease”.
In addition to the Base Rent, the Lessee shall be obligated to pay the following
monthly expenses: ____________________________________________________
___________________________________________________________________
___________________________________________________________________
Lessor shall pay the following monthly expenses: ____________________________
___________________________________________________________________
___________________________________________________________________
☐. TRIPLE NET (NNN). Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease shall be considered a “Triple Net
Lease”.
I. Operating Expenses. The Lessor shall have no obligation to provide any
services, perform any acts, or pay expenses, charges, obligations or costs
of any kind whatsoever with respect to the Premises. The Lessee hereby
agrees to pay one-hundred percent (100%) of any and all Operating
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Expenses as hereafter defined for the entire term of the Lease and any
extensions thereof in accordance with specific provisions hereinafter set
forth. The term “Operating Expenses” shall include all costs to the Lessor of
operating and maintaining the Premises, and shall include, without
limitation, real estate and personal property taxes and assessments,
management fee(s), heating, air conditioning, HVAC, electricity, water,
waste disposal, sewage, operating materials and supplies, service
agreements and charges, lawn care, snow removal, restriping, repairs,
repaving, cleaning and custodial, security, insurance, the cost of contesting
the validity or applicability of any governmental acts which may affect
operating expenses, and all other direct operating costs of operating and
maintaining the Premises and related parking areas, unless expressly
excluded from operating expenses.
II. Taxes. Lessee shall pay, during the term of this Lease, the real estate
taxes including any special taxes or assessments (collectively, the "taxes")
attributable to the Premises and accruing during such term. Lessee, at
Lessor’s option, shall pay to Lessor said taxes on a monthly basis, based
on one-twelfth (1/12) of the estimated annual amount for taxes. Taxes for
any fractional calendar year during the term hereof shall be prorated. In the
event the Lessee does not make any tax payment required hereunder,
Lessee shall be in default of this Lease.
III. Insurance. Lessee shall maintain, at all times during the Term of this
Lease, comprehensive general liability insurance in an insurance company
licensed to do business in the State in which the Premises are located and
that is satisfactory to Lessor, properly protecting and indemnifying Lessor
with single limit coverage of not less than ______________________
dollars ($__________________) for injury to or ______________________
dollars ($__________________) death of persons and
______________________ dollars ($__________________) for property
damage. During the Term of this Lease, Lessee shall furnish the Lessor
with certificate(s) of insurance, in a form acceptable to Lessor, covering
such insurance so maintained by Lessee and naming Lessor and Lessor's
mortgagees, if any, as additional insured.
7. SECURITY DEPOSIT: In addition to the above, a deposit in the amount of
______________________ dollars ($__________________), shall be due and payable in
advance or at the signing of this Lease, hereinafter referred to as the “Security Deposit”, and
shall be held in escrow by the Lessor in a separate, interest-bearing savings account as
security for the faithful performance of the terms and conditions of the Lease. The Security
Deposit may not be used to pay the last month’s rent unless written permission is granted by
the Lessor.
8. LEASEHOLD IMPROVEMENTS: The Lessee agrees that no leasehold improvements,
alterations or changes of any nature, (except for those listed on any attached addenda) shall
be made to the leasehold premises or the exterior of the building without first obtaining the
consent of the Lessor in writing, which consent shall not be unreasonably withheld, and
thereafter, any and all leasehold improvements made to the Premises which become affixed
or attached to the leasehold Premises shall remain the property of the Lessor at the
expiration or termination of this Lease Agreement. Furthermore, any leasehold
improvements shall be made only in accordance with applicable federal, state or local codes,
ordinances or regulations, having due regard for the type of construction of the building
housing the subject leasehold Premises. If the Lessee makes any improvements to the
Premises the Lessee shall be responsible payment, except the following: _______________
_________________________________________________________________________
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Nothing in the Lease shall be construed to authorize the Lessee or any other person acting
for the Lessee to encumber the rents of the Premises or the interest of the Lessee in the
Premises or any person under and through whom the Lessee has acquired its interest in the
Premises with a mechanic’s lien or any other type of encumbrance. Under no circumstance
shall the Lessee be construed to be the agent, employee or representative of Lessor. In the
event a lien is placed against the Premises, through actions of the Lessee, Lessee will
promptly pay the same or bond against the same and take steps immediately to have such
lien removed. If the Lessee fails to have the Lien removed, the Lessor shall take steps to
remove the lien and the Lessee shall pay Lessor for all expenses related to the Lien and
removal thereof and shall be in default of this Lease.
9. LICENSES AND PERMITS: A copy of any and all local, state or federal permits acquired
by the Lessee which are required for the use of the Premises shall be kept on site at all times
and shall be readily accessible and produced to the Lessor and/or their agents or any local,
state, or federal officials upon demand.
10. OBLIGATIONS OF LESSEE: The Lessee shall be primarily responsible whenever
needed for the maintenance and general pickup of the entranceway leading into the
Premises, so that this is kept in a neat, safe and presentable condition. The Lessee shall
also be responsible for all minor repairs and maintenance of the leasehold Premises,
particularly those items which need immediate attention and which the Lessees, or their
employees, can do and perform on their own, including but not limited to, the replacement of
light bulbs, as well as the normal repair and cleaning of windows, cleaning and clearing of
toilets, etc., and the Lessee shall properly maintain the Premises in a good, safe, and clean
condition. The Lessee shall properly and promptly remove all rubbish and hazardous wastes
and see that the same are properly disposed of according to all local, state or federal laws,
rules regulations or ordinances.
In the event the structure of the Premises is damaged as a result of any neglect or
negligence of Lessee, their employees, agents, business invitees, or any independent
contractors serving the Lessee or in any way as a result of Lessee’s use and occupancy of
the Premises, then the Lessee shall be primarily responsible for seeing that the proper
claims are placed with the Lessee’s insurance company, or the damaging party's insurance
company, and shall furthermore be responsible for seeing that the building is safeguarded
with respect to said damage and that all proper notices with respect to said damage, are
made in a timely fashion, including notice to the Lessor, and the party or parties causing said
damage. Any damage that is not covered by an insurance company will be the liability of the
Lessee.
The Lessee shall, during the term of this Lease, and in the renewal thereof, at its sole
expense, keep the interior of the Premises in as good a condition and repair as it is at the
date of this Lease, reasonable wear and use excepted. This obligation would include the
obligation to replace any plate glass damaged as a result of the neglect or acts of Lessee or
her guests or invitees. Furthermore, the Lessee shall not knowingly commit nor permit to be
committed any act or thing contrary to the rules and regulations prescribed from time to time
by any federal, state or local authorities and shall expressly not be allowed to keep or
maintain any hazardous waste materials or contaminates on the Premises. Lessee shall also
be responsible for the cost, if any, which would be incurred to bring her contemplated
operation and business activity into compliance with any law or regulation of a federal, state
or local authority.
11. INSURANCE: In the event the Lessee shall fail to obtain insurance required hereunder
and fails to maintain the same in force continuously during the term, Lessor may, but shall
not be required to, obtain the same and charge the Lessee for same as additional rent.
Furthermore, Lessee agrees not to keep upon the Premises any articles or goods which may
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be prohibited by the standard form of fire insurance policy, and in the event the insurance
rates applicable to fire and extended coverage covering the Premises shall be increased by
reason of any use of the Premises made by Lessee, then Lessee shall pay to Lessor, upon
demand, such increase in insurance premium as shall be caused by said use or Lessee’s
proportionate share of any such increase.
12. SUBLET/ASSIGNMENT: The Lessee may not transfer or assign this Lease, or any right
or interest hereunder or sublet said leased Premises or any part thereof without first
obtaining the prior written consent and approval of the Lessor.
13. DAMAGE TO LEASED PREMISES: In the event the building housing the Premises shall
be destroyed or damaged as a result of any fire or other casualty which is not the result of
the intentional acts or neglect of Lessee and which precludes or adversely affects the
Lessee’s occupancy of the Premises, then in every such cause, the rent herein set forth shall
be abated or adjusted according to the extent to which the leased Premises have been
rendered unfit for use and occupation by the Lessee and until the demised Premises have
been put in a condition at the expense of the Lessor, at least to the extent of the value and
as nearly as possible to the condition of the Premises existing immediately prior to such
damage. It is understood, however, in the event of total or substantial destruction to the
Premises that in no event shall the Lessor's obligation to restore, replace or rebuild exceed
an amount equal to the sum of the insurance proceeds available for reconstruction with
respect to said damage.
14. DEFAULT AND POSSESSION: In the event that the Lessee shall fail to pay said rent,
and expenses as set forth herein, or any part thereof, when the same are due and payable,
or shall otherwise be in default of any other terms of said Lease for a period of more than 15
days, after receiving notice of said default, then the parties hereto expressly agree and
covenant that the Lessor may declare the Lease terminated and may immediately re-enter
said Premises and take possession of the same together with any of Lessee’s personal
property, equipment or fixtures left on the Premises which items may be held by the Lessor
as security for the Lessee’s eventual payment and/or satisfaction of rental defaults or other
defaults of Lessee under the Lease. It is further agreed, that if the Lessee is in default, that
the Lessor shall be entitled to take any and all action to protect its interest in the personal
property and equipment, to prevent the unauthorized removal of said property or equipment
which threatened action would be deemed to constitute irreparable harm and injury to the
Lessor in violation of its security interest in said items of personal property. Furthermore, in
the event of default, the Lessor may expressly undertake all reasonable preparations and
efforts to release the Premises including, but not limited to, the removal of all inventory,
equipment or leasehold improvements of the Lessee’s, at the Lessee’s expense, without the
need to first procure an order of any court to do so, although obligated in the interim to
undertake reasonable steps and procedures to safeguard the value of Lessee’s property,
including the storage of the same, under reasonable terms and conditions at Lessee’s
expense, and, in addition, it is understood that the Lessor may sue the Lessee for any
damages or past rents due and owing and may undertake all and additional legal remedies
then available.
In the event any legal action has to be instituted to enforce any terms or provisions under this
Lease, then the prevailing party in said action shall be entitled to recover a reasonable
attorney's fee in addition to all costs of said action.
Rent which is in default for more than ____ days after due date shall accrue a payment
penalty of one of the following: (Check One)
☐ - Interest at a rate of _______________ percent (_____%) per annum on a daily
basis until the amount is paid in full.
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☐ - Late fee of ______________________ dollars ($__________________) per day
until the amount is paid in full.
In this regard, all delinquent rental payments made shall be applied first toward interest due
and the remaining toward delinquent rental payments.
15. INDEMNIFICATION: The Lessee hereby covenants and agrees to indemnify, defend and
hold the Lessor harmless from any and all claims or liabilities which may arise from any
cause whatsoever as a result of Lessee’s use and occupancy of the Premises, and further
shall indemnify the Lessor for any losses which the Lessor may suffer in connection with the
Lessee’s use and occupancy or care, custody and control of the Premises. The Lessee also
hereby covenants and agrees to indemnify and hold harmless the Lessor from any and all
claims or liabilities which may arise from any latent defects in the subject Premises that the
Lessor is not aware of at the signing of the lease or at any time during the lease term.
16. BANKRUPTCY - INSOLVENCY: The Lessee agrees that in the event all or a substantial
portion of the Lessee’s assets are placed in the hands of a receiver or a Trustee, and such
status continues for a period of 30 days, or should the Lessee make an assignment for the
benefit of creditors or be adjudicated bankrupt; or should the Lessee institute any
proceedings under the bankruptcy act or any amendment thereto, then such Lease or
interest in and to the leased Premises shall not become an asset in any such proceedings
and, in such event, and in addition to any and all other remedies of the Lessor hereunder or
by law provided, it shall be lawful for the Lessor to declare the term hereof ended and to re-
enter the leased land and take possession thereof and all improvements thereon and to
remove all persons therefrom and the Lessee shall have no further claim thereon.
17. SUBORDINATION AND ATTORNMENT: Upon request of the Lessor, Lessee will
subordinate its rights hereunder to the lien of any mortgage now or hereafter in force against
the property or any portion thereof, and to all advances made or hereafter to be made upon
the security thereof, and to any ground or underlying lease of the property provided,
however, that in such case the holder of such mortgage, or the Lessor under such Lease
shall agree that this Lease shall not be divested or in any way affected by foreclosure, or
other default proceedings under said mortgage, obligation secured thereby, or Lease, so
long as the Lessee shall not be in default under the terms of this Lease. Lessee agrees that
this Lease shall remain in full force and effect notwithstanding any such default proceedings
under said mortgage or obligation secured thereby.
Lessee shall, in the event of the sale or assignment of Lessor's interest in the building of
which the Premises form a part, or in the event of any proceedings brought for the
foreclosure of, or in the event of exercise of the power of sale under any mortgage made by
Lessor covering the Premises, attorn to the purchaser and recognize such purchaser as
Lessor under this Lease.
18. MISCELLANEOUS TERMS:
I. Usage by Lessee: Lessee shall comply with all rules, regulations and laws of any
governmental authority with respect to use and occupancy. Lessee shall not conduct or
permit to be conducted upon the Premises any business or permit any act which is
contrary to or in violation of any law, rules or regulations and requirements that may be
imposed by any authority or any insurance company with which the Premises is
insured, nor will the Lessee allow the Premises to be used in any way which will
invalidate or be in conflict with any insurance policies applicable to the building. In no
event shall explosives or extra hazardous materials be taken onto or retained on the
Premises. Furthermore, Lessee shall not install or use any equipment that will cause
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undue interference with the peaceable and quiet enjoyment of the Premises by other
tenants of the building.
II. Signs: Lessee shall not place on any exterior door, wall or window of the Premises any
sign or advertising matter without Lessor’s prior written consent and the approval of the
_________________________________ [Municipality]. Thereafter, Lessee agrees to
maintain such sign or advertising matter as first approved by Lessor in good condition
and repair. Furthermore, Lessee shall conform to any uniform reasonable sign plan or
policy that the Lessor may introduce with respect to the building. Upon vacating the
Premises, Lessee agrees to remove all signs and to repair all damages caused or
resulting from such removal.
III. Pets: Unless otherwise stated in this Lease Agreement, the only pets that shall be
allowed on the Premises are those needed legally due to a disability or handicap.
IV. Condition of Premises/Inspection by Lessee: The Lessee has had the opportunity to
inspect the Premises and acknowledges with its signature on this lease that the
Premises are in good condition and comply in all respects with the requirements of this
Lease. Furthermore, the Lessor makes no representation or warranty with respect to
the condition of the Premises or its fitness or availability for any particular use, and the
Lessor shall not be liable for any latent or patent defect therein. Furthermore, the
Lessee represents that Lessee has inspected the Premises and is leasing and will take
possession of the Premises with all current fixtures present in their “as is” condition as
of the date hereof.
V. Right of Entry: It is agreed and understood that the Lessor and its agents shall have
the complete and unencumbered right of entry to the Premises at any time or times for
purposes of inspecting or showing the Premises and for the purpose of making any
necessary repairs to the building or equipment as may be required of the Lessor under
the terms of this Lease or as may be deemed necessary with respect to the inspection,
maintenance or repair of the building.
19. ESTOPPEL CERTIFICATE: Lessee at any time and from time to time, upon at least ten
(10) days prior notice by Lessor, shall execute, acknowledge and deliver to Lessor, and/or to
any other person, firm or corporation specified by Lessor, a statement certifying that the
Lease is unmodified and in full force and effect, or if the Lease has been modified, then that
the same is in full force and effect except as modified and stating the modifications, stating
the dates to which the fixed rent and additional rent have been paid, and stating whether or
not there exists any default by Lessor under this Lease and, if so, specifying each such
default.
20. HOLDOVER: Should Lessee remain in possession of the Premises after the
cancellation, expiration or sooner termination of the Lease, or any renewal thereof, without
the execution of a new Lease or addendum, such holding over in the absence of a written
agreement to the contrary shall be deemed, if Lessor so elects, to have created and be
construed to be a tenancy from month to month, terminable upon thirty (30) days’ notice by
either party.
21. WAIVER: Waiver by Lessor of a default under this Lease shall not constitute a waiver of
a subsequent default of any nature.
22. GOVERNING LAW: This Lease shall be governed by the laws of the State of South
Carolina.
23. NOTICES: Payments and notices shall be addressed to the following:
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Lessor
_____________________________
_____________________________
_____________________________
Lessee
_____________________________
_____________________________
_____________________________
24. AMENDMENT: No amendment of this Lease shall be effective unless reduced to writing
and subscribed by the parties with all the formality of the original.
25. BINDING EFFECT: This Lease and any amendments thereto shall be binding upon the
Lessor and the Lessees and/or their respective successors, heirs, assigns, executors and
administrators.
IN WITNESS WHEREOF, the parties hereto set their hands and seal this ____ day of
_________________, 20____.
Lessee’s Signature Printed Name
________________________ ________________________
Lessor’s Signature Printed Name
________________________ ________________________
ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF ______________________
_____________ County, ss.
On this ____ day of _______________________, 20____, before me appeared
____________________, as LESSOR of this Commercial Lease Agreement who proved to
me through government issued photo identification to be the above-named person, in my
presence executed foregoing instrument and acknowledged that they executed the same as
their free act and deed.
____________________________
Notary Public
My commission expires:_________
ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF ______________________
_____________ County, ss.
On this ____ day of _______________________, 20____, before me appeared
____________________, as LESSEE of this Commercial Lease Agreement who proved to
me through government issued photo identification to be the above-named person, in my
presence executed foregoing instrument and acknowledged that they executed the same as
their free act and deed.
____________________________
Notary Public
My commission expires:_________
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SOUTH CAROLINA COMMERCIAL LEASE AGREEMENT

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Completed 17 September 2021

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