Is it legal to charge 73% per day late charge on past due rent?

Full question:

Is it legal to charge 73% per day late charge on past due rent? I was ill and this is what I was charged from day one. Also, how long is a lease good for if it does not state the length?

Answer:

Every person other than the owner of real estate, excepting a domestic
servant and farm laborer, using or occupying real estate without an
agreement, either oral or in writing, shall be deemed a "tenant at will"
Unless the rental agreement fixes a definite term, the tenancy is week to
week in case of a roomer who pays weekly rent and in all other cases
month to month. Title 27, Chap. 40, §27-40-310

"Rent" means the consideration payable for use of the premises including
late charges whether payable in lump sum or periodic payments, excluding
security deposits or other charges. A lease may specify that a certain rate of
interest is to be charged on rent which is due and unpaid. However, a
statute may limit what rate of interest may be charged, even though the
lease may call for a higher amount. We are unable to find a South Carolina
statute that limits the rate of interest on late rental payments. However, the
maximum interest rate on a judgment in South Carolina is 14%.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In North Dakota, landlords can begin eviction proceedings if a tenant fails to pay rent within five days of the due date. The landlord must provide a written notice to the tenant, allowing them time to pay the overdue rent. If the tenant does not comply, the landlord can file for eviction in court. It's important for landlords to follow proper procedures to avoid legal issues. Always check local laws for specific requirements and updates. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*