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What to Do When an SC Property Owner Denies Responsibility
What to Do When an SC Property Owner Denies Responsibility

What to Do When an SC Property Owner Denies Responsibility

If you lease space for your business, you expect the property to function the way it’s supposed to. But what happens if something breaks, conditions deteriorate, or a problem starts affecting your operations, and the landlord says it’s not their responsibility?

Maybe the HVAC stops working in the middle of a Charleston summer. Maybe there’s a roof leak damaging inventory in a Mount Pleasant retail space. Or maybe ongoing maintenance issues are starting to affect your ability to serve customers. At that point, the problem is much more than an inconvenience or small “oversight”. It’s deeply affecting your business and needs to be handled correctly.

Start by Defining the Issue Clearly

Before taking the next step, it helps to get specific about what’s happening.

Is this a maintenance issue the landlord is supposed to handle? A structural problem? Or something tied to how the lease is written? Start by getting a bigger picture through whatever documentation might be relevant, including:

  • Your lease agreement
  • Any amendments or side agreements
  • Emails, notices, or prior repair requests

Having everything in one place makes it easier to assess where responsibility actually falls.

Your Lease Will Usually Control the Outcome

In most commercial lease disputes, the answer is in the lease itself.

Some leases place more responsibility on the tenant than expected. Others clearly assign maintenance and repair obligations to the landlord, especially for structural elements or shared systems.

This is where careful review matters. The language around maintenance, repairs, and default provisions often determines what options are available to you.

Put Your Position in Writing

If the issue is ongoing, it is usually best to document your position clearly. That may include:

  • Notifying the landlord in writing of the issue
  • Referencing the specific lease provisions that apply
  • Requesting action within a reasonable timeframe

In many cases, a clear and well-supported notice can move things forward without escalation.

When It Starts Affecting Your Business, It May Be Time to Get Advice

If the problem continues, or if the landlord refuses to act, the situation may require a more structured approach. At that point, a Charleston business attorney can help you:

  • Interpret the lease and identify your rights
  • Evaluate whether the landlord is in breach
  • Consider next steps such as negotiation, formal demand, or other legal remedies

The goal is not always to escalate, but to protect your business and put you in a stronger position.

Other Local Considerations in Charleston and the Lowcountry

Through our work with businesses across Charleston and the broader Lowcountry, we’ve seen how local factors can shape commercial lease disputes in very real ways.

Older buildings, coastal conditions, and mixed-use developments often bring unique maintenance and responsibility questions that don’t always fit neatly into standard lease language. These issues can directly impact how obligations are interpreted and enforced.

Understanding how these local dynamics interact with your lease is an important part of evaluating the situation and determining the right next step.

Talk Through Your Situation with a Charleston Business Attorney

At Buxton & Collie, LLC, we work with Charleston-area business owners and commercial tenants to address lease disputes with solution-focused strategies. 

If a landlord’s inaction is starting to affect your operations, we can help you understand your options and determine the right next step. Reach out to our team today by filling out our online form.