When it’s time to collect rent on your South Carolina rental property you will need to understand the laws surrounding rent collection.
Rent is due
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.
Rent is late
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. Without such language in the lease the landlord must provide five days written notice of termination and the commencement of eviction proceedings.
South Carolina law does not limit the amount of the late fee, but late fees are considered “rent” for collections purposes.
Returned check fee
If a rent check bounces the maximum amount that a landlord can charge as a returned check fee is $30, as per S.C. Code Ann. §34-11-70 in South Carolina Code of Laws.