Free Download: 2025 South Carolina Commercial Lease Agreement Template (Word & PDF)
As a business attorney who has drafted and negotiated more than 400 commercial leases across the United States over the past twelve years, I’ve seen firsthand how a properly structured South Carolina commercial lease agreement can protect both landlords and tenants — and how a poorly drafted one can lead to five- and six-figure disputes. In this comprehensive guide, I’m giving you my battle-tested, South Carolina-specific commercial lease template (updated for 2025) completely free, along with line-by-line explanations of every critical clause under SC law.
Important Disclaimer: This article and the attached template are for informational purposes only and do not constitute legal advice. Always have your final lease reviewed by a licensed South Carolina attorney before signing.
A SC commercial lease agreement is a legally binding contract between a landlord (lessor) and a business tenant (lessee) for the rental of non-residential property such as office, retail, industrial, or warehouse space in South Carolina. Unlike residential leases, which are heavily regulated by the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-10 et seq.), commercial leases fall under general contract law and the specific terms negotiated by the parties.
Because South Carolina is a “freedom of contract” state for commercial tenancies, almost every material term is negotiable — making a solid starting template essential.
Using an out-of-state or generic online template can expose you to serious risk. Here are three South Carolina-specific issues I see most often:
Clearly identify the landlord entity (LLC, LP, etc.) and tenant entity. Describe the premises by street address and suite number, plus a reference to the tax map number (TMS#) from the county assessor. Include a detailed “Permitted Use” clause and specify whether the tenant may sublet or assign (most landlords restrict this without consent).
State the Commencement Date, Expiration Date, and any renewal options. In South Carolina, renewal options must be explicit; courts will not imply them (Charleston Joint Venture v. McNider, 298 S.C. 279, 1988).
| Component | Typical Treatment in SC |
|---|---|
| Base Rent | Fixed or with annual CPI/escalation clause |
| CAM/NNN Charges | Gross vs. Triple Net (most common) |
| Sales Tax on Rent | 6% + local; tenant pays unless negotiated otherwise |
| Late Fee | Usually 5–10% if paid after 5-day grace period |
Source: South Carolina Department of Revenue – https://dor.sc.gov/tax/sales
Commercial deposits in SC have no statutory maximum, but if held longer than 30 days after lease termination, interest at the legal rate (currently 7.5% per S.C. Code Ann. § 34-31-20) may be required.
Under a triple-net lease (by far the most common in South Carolina), the tenant pays:
Require commercial general liability of at least $1M per occurrence/$2M aggregate, naming landlord as additional insured. Tenants should also carry property insurance (all-risk) for their trade fixtures and inventory.
Include a clear default section (usually 5–10 days to cure monetary, 30 days for non-monetary). South Carolina landlords may pursue both eviction (S.C. Code Ann. § 27-37-10) and sue for remaining rent.
Critical for any property with a mortgage. Tenants should insist on a recordable SNDA from the lender.
Retail tenants especially need exterior signage rights and, if possible, an exclusive use clause preventing the landlord from leasing to direct competitors.
| Lease Type | Who Pays Taxes | Who Pays Insurance | Who Pays CAM/Operating Expenses |
|---|---|---|---|
| Triple Net (NNN) | Tenant | Tenant | Tenant |
| Modified Gross | Landlord (base year) | Landlord | Tenant pays increases over base year |
| Full-Service Gross | Landlord | Landlord | Landlord (rent includes everything) |
More than 80% of new South Carolina office and retail leases I see in 2025 are triple-net.
Click below to instantly download my attorney-drafted, South Carolina-compliant template in both Word and PDF format. The template is 18 pages and includes optional exhibits (Guaranty, SNDA, Estoppel Certificate, etc.).
Download South Carolina Commercial Lease Agreement Template (Free)
Q: Is there a cap on security deposits for commercial leases in SC?
A: No. Unlike residential (two months’ rent max), commercial deposits can be any negotiated amount.
Q: Does SC require sales tax on commercial rent?
A: Yes — 6% state + up to 3% local option tax. See SC DOR Revenue Ruling #09-6.
Q: Can a landlord lock out a commercial tenant for non-payment?
A: No. Self-help lockouts are prohibited; landlord must file an ejectment action (S.C. Code Ann. § 27-37-10).
A well-drafted South Carolina commercial lease agreement is one of the most important contracts your business will ever sign. While the free template I’ve provided has been used successfully by hundreds of landlords and tenants across the Palmetto State, every deal is unique. I strongly recommend having your final executed lease reviewed by a South Carolina-licensed real estate attorney.
Download the template today and get your next commercial deal closed faster and more securely.
Click Here to Download Your Free 2025 SC Commercial Lease Agreement Template
Questions? Drop them in the comments below — I personally answer every one.
Published November 2025
Last updated: November 19, 2025