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COMMITTEE REPORT
May 19, 2004
H. 3507
S. Printed 5/19/04--S.
Read the first time April 9, 2003.
To whom was referred a Bill (H. 3507) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ 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."
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. /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
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 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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