Supreme Court of South Carolina

Alex Kiriakides, Jr. and John Kiriakides, Appellants v. United Artists Communications, Inc., Respondent

January 17, 1994312 S.C. 271

Summary

The court affirmed the denial of forfeiture and ejectment after United Artists promptly paid rent that had been underpaid because of an unrecognized increase. It held that a commercial lease may not be forfeited for a trivial or immaterial breach, notwithstanding statutory or contractual termination language, and adopted a multifactor materiality analysis. Applying that analysis, the court concluded that forfeiture would be inequitable because the landlord could be compensated for the delayed rent while United Artists would suffer substantial losses.