Are there limits on how much a landlord can charge for late fees?

In South Carolina, landlords are allowed to charge late fees, but there are limits imposed. Late fees cannot exceed 5% of the total monthly rental amount or $25, whichever is greater. For example, if the monthly rental rate is $800, the landlord can charge a maximum of $40 for a late fee. It is important to note that the landlord must have a late fee clause in the rental agreement in order to be able to charge a late fee. This clause should include the amount the landlord can charge for a late fee and the terms of the late fee. If the landlord does not have the late fee clause in the rental agreement, then they cannot charge a late fee. It is also important to note that landlords cannot charge late fees until after the rental payment is overdue. In other words, late fees cannot be charged until the tenant has failed to pay the rent on or before the due date. Finally, landlords are not allowed to include late fees in the rent amount or require tenants to pay them before the tenant is allowed to move in. In other words, late fees must be paid separately from the rent amount. In summary, South Carolina has limits on how much a landlord can charge for late fees. However, the landlord must have a late fee clause in the rental agreement and they cannot charge the fee until after the rent is overdue. Additionally, the late fees must be paid separately from the rent amount.

Related FAQs

What are the legal requirements for terminating a rental agreement?
Can a tenant refuse to pay rent due to inadequate repairs?
Are there laws that protect a tenant from being locked out of their rental?
Are security deposits refundable when a tenant moves out?
Are there state or federal laws that regulate leases?
Are there laws that protect a tenant from discrimination?
What are the landlord's responsibilities as regards to dealing with repairs in a timely manner?
Can a landlord prohibit a tenant from having pets?
What is the process of tenant eviction?
What are a tenant's rights regarding late payments?

Are there limits on how much a landlord can charge for late fees?

Related FAQs

Related Blog Posts