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Navigating Commercial Lease Agreements in South Carolina
Navigating Commercial Lease Agreements in South Carolina

Navigating Commercial Lease Agreements in South Carolina

What if your dream location for a coffee shop suddenly came with unexpected repair costs? Or what if you didn’t realize your lease prevents you from adding new signage until it’s too late? Whether you’re opening a retail store on King Street or expanding your business to a new office space in Charleston, understanding the fine print of a commercial lease is essential. A poorly negotiated lease could cause headaches down the line, but with the right guidance, it can set your business up for success.

At Buxton & Collie, LLC, we know that each business has unique needs, and so does every lease. Our experienced real estate attorneys in Charleston are here to help you make informed decisions, negotiate favorable terms, and avoid costly surprises. Whether you’re a first-time tenant or an established business owner, we’re with you every step of the way to protect your interests.

Key Components of a Commercial Lease Agreement

Understanding the basics helps you make confident decisions. Here is a broad overview of the traditional components of a lease agreement and what they may mean for your business:

Lease Terms and Conditions

This section defines the duration of the lease (often called the “lease term”) and your rental payments. Pay attention to renewal options, rent increases, and any hidden fees such as maintenance or parking charges. A longer lease might provide stability, but shorter terms offer more flexibility if your business needs change.

Maintenance and Repairs

Who fixes the leaky roof, the landlord or you? Maintenance clauses clarify which party is responsible for upkeep. Leases typically divide these duties into “structural repairs” (major systems like plumbing or roofing) and “day-to-day maintenance” (like keeping the space clean). Defining these responsibilities upfront prevents disputes later.

Permitted Use of the Property

Your lease will specify what type of business activities are allowed on the premises. For example, if you rent a storefront to open a coffee shop, but the lease prohibits cooking on-site, you could face problems. Be clear about any restrictions and whether you’ll need landlord approval for renovations or changes to the space.

Insurance and Liability

Both tenants and landlords need appropriate insurance coverage to protect their interests. The lease should specify what types of insurance are required and who is responsible for obtaining them. For example, you may need liability insurance to cover accidents inside your store, while the landlord insures the building itself.

Termination and Default Clauses

Understand what happens if either party wants to end the lease early or defaults on the agreement. Are there penalties for early termination? What actions could lead to a lease being terminated, and how much notice must be given? Knowing these terms can protect you from unexpected liabilities.

Complex commercial leases often include many additional terms. 

Questions to Ask Before Signing A Commercial Lease

  • If my business grows faster than expected, can I expand within the same property?
  • Are rent increases tied to inflation, or are they predetermined?
  • If I want to sublease part of the space, is that allowed under the agreement?
  • What happens if the property needs significant repairs, do I have the right to withhold rent?

Why Choose Buxton & Collie, LLC?

With years of experience handling real estate transactions in Charleston, our team at Buxton & Collie, LLC understands the nuances of commercial lease agreements. We provide hands-on, personalized legal support to ensure you secure a lease that aligns with your business goals. From negotiating rent terms to clarifying repair obligations, we guide you through every step of the process, protecting your interests and helping you avoid potential pitfalls.

Let Us Help You Secure the Right Lease for Your Business

Commercial leases are complicated, and missing important details could cost your business. Contact Buxton & Collie, LLC today for legal support tailored to your needs by filling out our online form. We’ll help you negotiate the best possible terms and set the foundation for a smooth leasing experience. Reach out now to schedule a consultation and take the first step toward getting your ideal location in Charleston, South Carolina.