South Carolina Agreement of Waiver of Lien of Lessor

State:
Multi-State
Control #:
US-1340723BG
Format:
Word; 
Rich Text
Instant download

Description

In the context of a financing, the waiver of a landlord's lien rights to its tenant's personal property that is located at the leased premises.

The South Carolina Agreement of Waiver of Lien of Lessor is a legal document that outlines the agreement between a lessor (property owner) and a lessee (tenant) regarding the waiver of any lien rights that the lessor may have over the property being leased. In South Carolina, there are two main types of Agreement of Waiver of Lien of Lessor: 1. General Waiver of Lien of Lessor: This type of agreement is used in situations where the lessor wants to waive their right to file a lien against the property for any unpaid rent or damages caused by the lessee during the lease period. By signing this agreement, the lessor releases any claim over the property in case of non-payment or property damage. 2. Partial Waiver of Lien of Lessor: This type of agreement is used when the lessor agrees to waive their right to file a lien for a specific amount or specific types of claims. It allows the lessor to maintain lien rights for other potential claims, such as unpaid utilities or unpaid property taxes, while waiving their right to file a lien for unpaid rent or damages. The South Carolina Agreement of Waiver of Lien of Lessor is a crucial document for both lessors and lessees as it helps ensure clarity and protect the rights of both parties involved in a lease agreement. It establishes the terms and conditions under which the lessor waives any lien rights and provides legal protection in case of disputes or non-payment. Keywords: South Carolina, Agreement, Waiver of Lien, Lessor, Lessee, Property, Lease, Rent, Damages, Unpaid, General, Partial, Rights, Clarity, Disputes, Legal protection.

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FAQ

To perfect a mechanic's lien, the contractor, subcontractor, or supplier must file a notice of mechanic's lien with the Register of Deeds or Clerk of Court of the county where the real property is located and serve the property owner with notice and a copy of the lien within 90 days of the completion of the work. S.C.

Lien waivers in South Carolina do not need to be notarized in order to be effective, they must merely be in writing.

North Carolina lien waivers do not need to be notarized to be effective.

Waiver of Lien Most of the standard form building contracts make provision for the Employer to provide a payment guarantee to the Contractor in return for which the Contractor waives his lien over any work done in terms of that contract.

In South Carolina, construction liens, called mechanic's liens, are automatically created by statute to protect anyone to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and

In South Carolina, a claim of lien must be filed no later than 90 days after the last day on which the claimant furnished labor or materials to the project.

A South Carolina mechanics' lien claim must be filed within 90 days after completion of the contractors work. A lawsuit to foreclose upon the South Carolina construction lien must be brought no later than 6 months after the claimant ceases to furnish labor or materials.

(A) To file a mechanics' lien, a contractor must provide the county clerk of court or register of deeds proof that he is licensed or registered if he is required by law to be licensed or registered.

The waivers need not be notarized. It is sufficient that it is in writing. The taxpayer is bound to submit his duly executed waiver to the officers of the Bureau and to retain his copy of the accepted waiver.

More info

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South Carolina Agreement of Waiver of Lien of Lessor