S.C. Code Ann. § 27-35-75
Lessee's obligations as to use and maintenance; lessor's right to inspect
Operative Text
(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 27-35-75 of the South Carolina Code establishes a set of mutual obligations for commercial lessees and lessors. Lessees are required to comply with applicable health and safety codes, avoid damaging the premises, maintain peaceful conduct, and follow the terms of their lease. Lessors, in turn, have a right to inspect the property but must provide at least twenty-four hours' written notice except in genuine emergencies, and may not use inspection rights to harass the lessee. If a lessee unreasonably blocks lawful access, the lessor may seek injunctive relief in magistrates or circuit court, and the prevailing party in such an action may recover actual damages and attorney's fees.
Plain English — not legal advice.
Under S.C. Code Ann. § 27-35-75, compliant commercial property operators generally document inspection notices in writing and deliver them at least twenty-four hours in advance, scheduling visits at reasonable times. Operators take care not to use inspection rights as a pretext for harassment, keeping a clear record of the legitimate purpose behind each entry. When a lessee unreasonably refuses access, § 27-35-75(F) provides a legal pathway to seek injunctive relief in the appropriate county court without posting bond, with the possibility of recovering actual damages and attorney's fees if the lessor prevails.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-35-75 gives commercial lessees in South Carolina defined protections around landlord entry: except in a demonstrable emergency, a lessor must provide at least twenty-four hours' written notice and schedule entry at a reasonable time. Lessees also carry obligations under this section, including maintaining the premises, avoiding damage, and not disturbing other tenants' peaceful enjoyment. Tenants who believe a lessor is abusing inspection rights or failing to provide proper notice may wish to document each instance carefully and consult a tenant-rights organization or attorney familiar with South Carolina commercial lease law for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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