Are there laws that protect a tenant from excessive late fees?

Yes, South Carolina has laws that protect tenants from excessive late fees. As per South Carolina Code Ann. § 27-40-710 (2020), a landlord must give a tenant reasonable notice before charging a late fee. This means that the landlord must give the tenant a certain amount of time to pay rent before they can charge a late fee. Generally, landlords have to give tenants at least 15 days. In addition, the late fee must not be more than 10 percent of the rent amount due or $25, whichever is more. In addition, Section 27-40-710 also states that a landlord cannot charge a late fee until the 5th day of the month after rent is due. For instance, if the rent is due on the first day of the month, the landlord cannot charge a late fee until the 5th. Furthermore, the law states that late fees must be clearly stated in the lease agreement so that both parties understand what the fees are. Additionally, landlords cannot charge a late fee for partial payments, and they cannot punish tenants with late fees if payment was delayed due to unforeseen circumstances. In conclusion, South Carolina has laws that protect tenants from excessive late fees. These laws include requiring landlords to give reasonable notice to tenants before charging a late fee, limiting the amount of the late fee, and prohibiting landlords from charging late fees for partial payments and unforeseen circumstances.

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