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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS' NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 35 of Title 27 of the 1976 Code is amended by adding:
"Section 27-35-75. (A) 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 the premises to ensure that the leased real estate, fixtures, and equipment, or any of them, are being used in a reasonable and safe manner and are not being negligently or deliberately destroyed, defaced, damaged, impaired, abused, or removed.
(B) The lessor may not abuse the right to enter the premises pursuant to this section and may not use this right of access to harass the lessee. Except in the case of a demonstrable emergency, the lessor shall give the lessee at least twenty-four hours' notice of his intent to enter and the entry must be scheduled at a reasonable time.
(C) A lessee may not unreasonably withhold consent to the lessor to enter the subject premises for the purposes described in subsection (A)."
SECTION 2. This act takes effect upon approval by the Governor.
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