South Carolina Late Fee Limits

The South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40) contains no provision limiting the amount of a late fee or requiring a grace period before it may be charged. Section 27-40-210 defines "rent" to include "late charges," so a properly disclosed late fee is recoverable as part of rent, but the statute sets no dollar or percentage ceiling. Because the law is silent, the amount and trigger for a late fee come from the lease agreement, which both parties must accept. Courts may still refuse to enforce a charge that operates as an unreasonable penalty rather than a genuine estimate of the landlord's loss, so an excessive or undisclosed late fee can be challenged. No statutory cap otherwise applies.

No specific statutory penalty. A late fee not disclosed in the lease, or one a court finds to be an unreasonable penalty rather than liquidated damages, may be unenforceable and recoverable by the tenant in a civil action.