South Carolina General Assembly
115th Session, 2003-2004

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Bill 3507

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

April 8, 2003

H. 3507

Introduced by Reps. McGee, Coates, Harrison, Sinclair and Cotty

S. Printed 4/8/03--H.

Read the first time February 4, 2003.

            

A BILL

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.

Amend Title To Conform

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 written 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)."

(D)    If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises as described in subsection (A), the lessor may obtain injunctive relief in the magistrate's 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 lessor may recover actual damages and reasonable attorney's fees and costs.

(E)    This section applies to all leases on commercial units located in South Carolina, whether created before or after its enactment.

SECTION    2.    This act takes effect upon approval by the Governor.

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