Lease Agreements

Lease Agreements Lawyers in Florence & Myrtle Beach, SC

A lease agreement is a written contract between a landlord and a tenant. Lease agreements outline specific terms and conditions for the tenant to occupy the property, including requirements for rent payments. Whether you’re pursuing a residential or commercial lease, it’s crucial that you protect yourself with a well-written lease. 

The attorneys at Willcox, Buyck & Williams, PA have extensive experience representing landlords and tenants in lease agreement matters. Whether you are negotiating and drafting a commercial lease or are involved in a dispute related to your lease agreement, we are here to help. Contact Willcox, Buyck & Williams, PA to learn more about how we can advocate for you. 

Why Do You Need a Lease Agreement?

A lease agreement protects the landlord who owns the property and the tenant. It ensures the landlord fulfills its obligations to keep the property habitable and safe. Lease agreements also protect the landlord’s investment by allowing landlords to hold tenants accountable when they cause damage to the property or don’t pay their rent. 

Lease agreements can protect businesses by prohibiting leasing units in the same commercial center or complex to competing businesses. Some leases are also inherently more complex than others. For example, a five-year lease on a retail unit is generally simpler than a 20-year lease on an industrial plant. The lease agreement terms should be tailored to the specific needs of the building and its intended purpose. 

The Benefits of Working with a Lease Agreement Attorney

With so many templates for lease agreements online, you may think you don’t need an attorney to help you draft a residential or commercial lease agreement. If you’re a business owner or residential tenant searching for the best property, you may be tempted to sign whatever lease agreement the landlord offers you. Failure to consult with an attorney could result in you paying a lot more money later, leaving you legally vulnerable. Conversely, if you’re a property owner, it’s crucial that you protect your real estate investment with the right kind of contract, even if you trust your residential or commercial tenant. 

The experienced lease agreement attorneys at Willcox, Buyck & Williams, PA have a detailed understanding of South Carolina real estate law. If you are a landlord, we will work diligently with you to ensure your assets are protected to the full extent of the law. If the tenant has reneged on their obligations under the contract, we will ensure the agreement provides you with full recourse. We also represent the tenants’ legal interests, ensuring the lease agreement terms are fair and protective of their rights.

Residential Leases

The most common type of lease agreement in South Carolina is a one-year residential lease. These lease agreements generally allow tenants to live in the property for one year. At the end of the lease agreement, the parties can enter into a new lease agreement. South Carolina’s Residential Landlord and Tenant Act sets forth requirements for residential lease agreements. For example, the agreement needs to include the names of tenants who will like or work on the property, the agreement’s start and end date, and the rent the tenant must pay every month. 

Rent to Buy Leases

A lease agreement can include an option to buy the property. Rent-to-by leases are usually sought out by tenants who want to purchase the property but may need more funds to purchase the property when the lease agreement is signed. A portion of the monthly rent may be put aside as a down payment should the tenant decide to purchase the property.

Commercial Leases

A commercial lease sets forth the terms and conditions when a business rents a commercial property to conduct business from that ligation. A commercial lease agreement outlines the rights and responsibilities of the landlord and the commercial tenant. The specific type of commercial lease agreement you’ll sign is based on your business’s needs and preferences. For example, a net lease is when you are responsible for paying the base rent and the utilities, maintenance, and insurance. There are several types of net leases: single net leases, double net leases, and triple net leases. 

Gross leases are another commonly used type of commercial lease. Full-service gross leases involve a commercial tenant paying a monthly fixed rent payment. The landlord is responsible for other expenses, including utilities, insurance, taxes, and property management fees. With a modified gross lease, the landlord is responsible for insurance, taxes, utilities, and property management fees. Along with paying mixed rent, the tenant is responsible for any incremental increases in operating costs, such as a portion of increased property taxes. 

Helping Clients Understand the Terms and Conditions of Lease Agreements

Many landlords begin the process of drafting a lease with a standard lease form. However, they may include modifications to the terms and conditions that favor landlords. As a tenant, it’s important that you carefully read the terms of the lease. Willcox, Buyck & Williams, PA will help you understand the terms of the lease, including:

  • The amount of monthly rental payment and security deposit
  • The length of the lease 
  • The lease renewal options
  • Which party is responsible for paying property taxes and utilities
  • Whether parking is included
  • Rules related to making modifications to the property

We can also advise you of any potential red flags in the lease agreement. Our attorneys are seasoned negotiators who will advocate strongly to modify the lease in a way that protects your rights and interests. 

Discuss Your Lease Agreement with a Skilled Attorney

Before signing a commercial lease, it’s beneficial to consult with a skilled attorney. The South Carolina real estate attorneys at Willcox, Buyck & Williams, PA are prepared to help you understand your rights and responsibilities under the lease agreement. We can also help you negotiate your commercial lease. Our skilled litigators are prepared to represent your interests at trial when necessary. Contact Willcox, Buyck & Williams, PA to learn how we can advocate for you.