H*3507(Rat #0405, Act #0015 of 2005)  General Bill, By McGee, Coates, Harrison, 
Sinclair and Cotty
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 27-35-75 SO AS TO PROVIDE FOR CERTAIN REQUIREMENTS OF A LESSEE IN A COMMERCIAL
 LEASE AGREEMENT OR SECURITY AGREEMENT TO ENSURE REASONABLE PROTECTION OF THE
 SUBJECT PROPERTY, TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL
 ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE OR
 SECURITY AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED
 PROPERTY UPON TWENTY-FOUR HOURS' WRITTEN NOTICE TO THE LESSEE, TO PROVIDE FOR
 EMERGENCY CIRCUMSTANCES, TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY
 WITHHOLD CONSENT TO ACCESS, AND TO PROVIDE THAT THESE PROVISIONS APPLY TO ALL
 CURRENT AND FUTURE SUBJECT AGREEMENTS. - ratified title

   02/04/03  House  Introduced and read first time HJ-32
   02/04/03  House  Referred to Committee on Judiciary HJ-32
   02/13/03  House  Member(s) request name added as sponsor: Cotty
   04/02/03  House  Committee report: Favorable with amendment
                     Judiciary HJ-98
   04/03/03         Scrivener's error corrected
   04/08/03  House  Amended HJ-94
   04/08/03  House  Read second time HJ-94
   04/09/03  House  Read third time and sent to Senate HJ-32
   04/09/03         Scrivener's error corrected
   04/09/03  Senate Introduced and read first time SJ-18
   04/09/03  Senate Referred to Committee on Judiciary SJ-18
   05/19/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-36
   05/20/04  Senate Amended SJ-34
   05/20/04  Senate Read second time SJ-34
   05/20/04  Senate Ordered to third reading with notice of
                     amendments SJ-34
   05/27/04  Senate Read third time and returned to House with
                     amendments SJ-182
   06/02/04  House  Concurred in Senate amendment and enrolled HJ-10
   06/03/04         Ratified R 405
   11/09/04         Vetoed by Governor
   01/12/05  House  Veto overridden by originating body Yeas-102 
                     Nays-13 HJ-37
   01/18/05  Senate Veto overridden Yeas-35  Nays-1 SJ-5
   01/25/05         Copies available
   01/25/05         Effective date See Act
   02/16/05         Act No. 15

(A15, R405, H3507 of 2004)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR CERTAIN REQUIREMENTS OF A LESSEE IN A COMMERCIAL LEASE AGREEMENT OR SECURITY AGREEMENT TO ENSURE REASONABLE PROTECTION OF THE SUBJECT PROPERTY, TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE OR SECURITY AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS' WRITTEN NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS, AND TO PROVIDE THAT THESE PROVISIONS APPLY TO ALL CURRENT AND FUTURE SUBJECT AGREEMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

Commercial lessee's and lessor's rights and duties

SECTION    1.    Chapter 35 of Title 27 of the 1976 Code is amended by adding:

"Section 27-35-75.    (A)    Unless otherwise agreed to in a commercial lease agreement or a security agreement, this section applies to all leases on commercial units located in South Carolina.

(B)    A lessee must:

(1)    comply with all obligations imposed upon lessees by applicable building and housing code provisions that materially affect health and safety;

(2)    not deliberately or negligently destroy, deface, damage, impair, abuse, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the lessee's permission or who is allowed access to the premises by the lessee;

(3)    conduct himself and require other persons on the premises with the lessee's permission or who are allowed access to the premises by the lessee to conduct themselves in a manner that will not disturb other lessees' peaceful enjoyment of the premises; and

(4)    comply with the commercial lease agreement or security agreement.

(C)    In cases of real estate, fixtures, and equipment, or any of them that are the subject of a commercial lease agreement, the lessor has the right to enter and inspect the leased premises as provided in subsection (D) to determine if the leased real estate, fixtures, and equipment, or any of them:

(1)    are being used in a reasonable and safe manner as provided in subsection (B) or in the commercial lease agreement or security agreement; and

(2)    are being negligently, deliberately, or knowingly destroyed, defaced, damaged, impaired, abused, or removed in violation of subsection (B) or the terms of the commercial lease agreement or security agreement.

(D)    The lessor must not abuse the right to enter and inspect the premises pursuant to this section and must not use this right of access to harass the lessee. Except in the case of a demonstrable emergency, the lessor must give the lessee at least twenty-four hours' written notice of his intent to enter and inspect the premises, and the entry must be scheduled at a reasonable time.

(E)    A lessee must not unreasonably withhold consent to the lessor to enter and inspect the subject premises for the purposes described in subsection (C).

(F)    If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises as described in subsection (C), the lessor may obtain injunctive relief in the magistrates court or the circuit court in the county in which the property is located, without posting bond, to compel access. If injunctive relief is sought, the prevailing party may recover actual damages and reasonable attorney's fees and costs."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and applies to all leases on commercial units located in South Carolina, whether created before or after this act's effective date. The obligations imposed and rights created by this act accrue on or after the effective date of the act.

Ratified the 3rd day of June, 2004.

Vetoed by the Governor -- 11/9/04.

Veto overridden by House -- 1/12/05.

Veto overridden by Senate -- 1/18/05.