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A15 of 2005, R405, H3507
STATUS INFORMATION
General Bill
Sponsors: Reps. McGee, Coates, Harrison, Sinclair and Cotty
Document Path: l:\council\bills\pt\1205mm03.doc
Introduced in the House on February 4, 2003
Introduced in the Senate on April 9, 2003
Last Amended on May 20, 2004
Passed by the General Assembly on June 2, 2004
Governor's Action: November 9, 2004, Vetoed
Legislative veto action(s): Veto overridden
Summary: Lessor of real estate; fixtures and equipment subject to commercial lease agreement; provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/4/2003 House Introduced and read first time HJ-32
2/4/2003 House Referred to Committee on Judiciary HJ-32
2/13/2003 House Member(s) request name added as sponsor: Cotty
4/2/2003 House Committee report: Favorable with amendment Judiciary
HJ-98
4/3/2003 Scrivener's error corrected
4/8/2003 House Amended HJ-94
4/8/2003 House Read second time HJ-94
4/9/2003 House Read third time and sent to Senate HJ-32
4/9/2003 Scrivener's error corrected
4/9/2003 Senate Introduced and read first time SJ-18
4/9/2003 Senate Referred to Committee on Judiciary SJ-18
5/19/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-36
5/20/2004 Senate Amended SJ-34
5/20/2004 Senate Read second time SJ-34
5/20/2004 Senate Ordered to third reading with notice of amendments SJ-34
5/27/2004 Senate Read third time and returned to House with amendments
SJ-182
6/2/2004 House Concurred in Senate amendment and enrolled HJ-10
6/3/2004 Ratified R 405
11/9/2004 Vetoed by Governor
1/12/2005 House Veto overridden by originating body Yeas-102 Nays-13
HJ-37
1/18/2005 Senate Veto overridden Yeas-35 Nays-1 SJ-5
1/25/2005 Copies available
1/25/2005 Effective date See Act
2/16/2005 Act No. 15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/4/2003
4/2/2003
4/3/2003
4/8/2003
4/9/2003
5/19/2004
5/20/2004
(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.
This web page was last updated on Wednesday, December 9, 2009 at 10:14 A.M.