When it’s time to collect rent on your South Carolina rental property you will need to understand the laws surrounding rent collection.
Understanding Rent Due Dates Under South Carolina Rent Laws
Unlike some states with rigid rules, rent due dates in South Carolina are flexible.
Rent Due Dates and Lease Agreements
South Carolina law does not stipulate a specific day when rent is due, so the landlord and tenant can agree on the due date and indicate such in the rental agreement. If the rental agreement does not specify a rent due date, rent is due on the first day of the month.
Grace Periods and Rent Due Flexibility
While some landlords may include grace periods as a courtesy, others might enforce strict deadlines. The state's flexible approach to rent due dates empowers landlords and tenants to customize arrangements
What Happens When Rent is Late Under South Carolina Rent Laws?
In South Carolina, if rent is not paid on time, landlords have specific legal recourse.
Legal Notice for Late Rent Payments in South Carolina
The landlord can include specific language in the lease informing the tenant that if the rent is not paid within five days of the due date the landlord can begin eviction proceedings. When this language is written in the lease (see Sec. 27-40-710(b) for exact verbiage) no further notice is required to begin eviction.
South Carolina Tenant Rights Regarding Late Rent Payments
Tenants in South Carolina have rights when dealing with late rent payments. If the lease does not specify the conditions for eviction, tenants are entitled to a five-day notice period. During this time, they can either pay the overdue rent or address the issue with the landlord to avoid eviction proceedings.
Late Fees: How South Carolina Rent Laws Regulate Late Charges
Landlord tenant laws SC allow landlords to charge late fees for overdue rent. The amount and conditions for such fees must be clearly stated in the lease agreement.
What Late Fees Are Allowed Under South Carolina Rent Laws
South Carolina law does not limit the amount of the late fee, but late fees are considered “rent” for collections purposes. Typically, late fees are calculated as a flat amount or a percentage of the rent due. To be enforceable, the lease must specify when the late fee will be applied, usually after a grace period of a few days
How to Enforce Late Fees in South Carolina
To enforce late fees in South Carolina, landlords must ensure that the terms are clearly included in the rental agreement. This includes specifying the due date for rent, the grace period, and the exact late fee amount. Once the rent is overdue, the landlord may collect the fee without needing additional notice, as long as the terms have been agreed upon by both parties.
Returned Check Fees: What South Carolina Rent Laws Say About NSF Charges
South Carolina permits landlords to charge a returned check fee if a tenant’s payment is returned due to insufficient funds (NSF). The fee must be reasonable and is generally specified in the lease agreement. For instance, if a rent check bounces, the maximum fee a landlord can charge for a returned check is $30, as outlined in S.C. Code Ann. §34-11-70 of the South Carolina Code of Laws.
Summary
South Carolina rent laws provide landlords with flexibility, but clear communication and written agreements are essential. This article summarizes all the key points for 2024, so both landlords and tenants are well-informed.
