LATE FEE ADDENDUM

to Residential Lease Agreement – State of South Carolina

I. DOCUMENT HEADER

1. Parties
   This Late Fee Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant”), collectively, the “Parties,” with reference to the Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) for the premises commonly known as [RENTAL PROPERTY ADDRESS] (the “Premises”).

2. Recitals
   A. Landlord and Tenant have entered into the Lease, which establishes Tenant’s obligation to pay Monthly Rent.
   B. The Parties desire to supplement the Lease to set forth Landlord’s late-payment policy in compliance with the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. § 27-40-101 et seq. (the “Act”).
   C. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms not defined herein have the meanings ascribed in the Lease.

“Due Date” – The date Monthly Rent is contractually due under the Lease, currently the [DAY] of each calendar month.
“Grace Period” – The statutory five-day period following the Due Date, as required by S.C. Code Ann. § 27-40-710(A).
“Late Fee” – A liquidated charge assessed for Tenant’s failure to pay Monthly Rent in full before expiration of the Grace Period, calculated in accordance with Section III below.
“Monthly Rent” – The base rent amount payable each month under the Lease, presently $[AMOUNT].
“Notice” – Any written notice delivered in accordance with the Lease and Section VII(4) herein.

III. OPERATIVE PROVISIONS

1. Incorporation; Conspicuous Disclosure
   This Addendum is hereby incorporated into and made part of the Lease. Pursuant to S.C. Code Ann. § 27-40-710(A), the following conspicuous statement is included:

“IF RENT IS UNPAID WHEN DUE AND THE TENANT FAILS TO PAY RENT WITHIN FIVE (5) DAYS AFTER THE DUE DATE, THE LANDLORD MAY TERMINATE THIS RENTAL AGREEMENT.”

2. Grace Period
   Tenant must remit the full Monthly Rent on or before the Due Date. Tenant shall not incur a Late Fee and shall not be subject to termination for non-payment provided Monthly Rent is received by Landlord before expiration of the Grace Period.

3. Late Fee; Calculation; Statutory Compliance
   a. Assessment – If all or any portion of Monthly Rent remains unpaid after the Grace Period, Landlord may assess a Late Fee.
   b. Amount – The Late Fee shall be the lesser of:
   i. [PERCENTAGE]% of the outstanding Monthly Rent; or
   ii. $[DOLLAR AMOUNT].
   [// GUIDANCE: Insert figures that are commercially reasonable. South Carolina imposes no explicit statutory cap, but reasonableness is the governing standard. Many practitioners use 5-8 % or a flat $35-$75.]
   c. Characterization – The Late Fee constitutes liquidated damages intended to compensate Landlord for administrative costs incident to late payment and is not interest, a penalty, or rent.
   d. Non-waiver – Landlord’s acceptance of late or partial payments, with or without Late Fees, shall not constitute a waiver of any default or of Landlord’s right to enforce the Lease or this Addendum.

4. Application of Payments
   Unless otherwise required by law, Landlord may apply payments received from Tenant first to unpaid Late Fees, second to other fees or charges due, and finally to outstanding Monthly Rent.

5. Additional Costs
   Tenant shall reimburse Landlord for any reasonable out-of-pocket costs (e.g., returned-check fees) incurred due to Tenant’s late, returned, or dishonored payments, in amounts not to exceed limits set by applicable law.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Authority – Each Party represents that it has full legal right, power, and authority to execute and deliver this Addendum and to perform its obligations hereunder.
2. No Conflict – Each Party warrants that entry into this Addendum does not violate any agreement to which it is bound.

V. COVENANTS & RESTRICTIONS

Tenant covenants to (a) tender Monthly Rent in accordance with the Lease and this Addendum, and (b) keep all contact information current to facilitate timely Notice delivery.

VI. DEFAULT & REMEDIES

1. Events of Default – Tenant’s failure to pay Monthly Rent in full before expiration of the Grace Period shall constitute a default under the Lease.
2. Notice and Cure – If the conspicuous statement in Section III(1) is included in the Lease or this Addendum, Landlord need not provide separate written “five-day” notice prior to filing for ejectment. If the statement is omitted or held unenforceable, Landlord shall deliver the statutory five-day written notice to cure as required by S.C. Code Ann. § 27-40-710(B).
3. Remedies – Upon default, Landlord may pursue (i) filing for ejectment in the competent South Carolina Magistrate’s Court, (ii) recovery of unpaid rent, Late Fees, and costs, and (iii) such other relief as permitted by law.
4. Attorneys’ Fees – In any action arising out of this Addendum, the prevailing party is entitled to recover reasonable attorneys’ fees and costs, subject to any statutory limitations.

VII. RISK ALLOCATION

1. Indemnification – Not applicable, consistent with Addendum scope and Parties’ agreement.
2. Limitation of Liability – Neither Party’s liability shall exceed statutory limits applicable to residential landlord-tenant matters in South Carolina.
3. Force Majeure – Payment obligations are independent covenants and are not excused by force majeure, impossibility, or frustration of purpose, except as expressly required by law.
4. Notices – All Notices under this Addendum shall be given in the manner prescribed in the Lease. If the Lease is silent, Notice shall be in writing and (a) hand-delivered to the Premises, (b) mailed via certified U.S. Mail, return receipt requested, or (c) delivered by a nationally recognized overnight courier, to the respective Party’s address set forth in the Lease.

VIII. DISPUTE RESOLUTION

1. Governing Law – This Addendum and any dispute hereunder shall be governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles.
2. Forum Selection – The exclusive forum for any eviction or rent collection action shall be the competent Magistrate’s Court (a/k/a “housing court”) in the county where the Premises is located, or such other court of competent jurisdiction as the Act may require.
3. Arbitration – Arbitration is expressly excluded.
4. Jury Trial – Nothing herein shall be construed to waive either Party’s constitutional right to a trial by jury in any matter where such right is available.
5. Injunctive Relief – Landlord’s right to seek injunctive or other equitable relief, including but not limited to ejectment, is expressly preserved.

IX. GENERAL PROVISIONS

1. Entire Agreement – This Addendum, together with the Lease, constitutes the entire agreement with respect to Late Fees, superseding all prior discussions or writings on that subject.
2. Amendment & Waiver – No amendment or waiver shall be effective unless in a writing signed by both Parties.
3. Severability – If any provision of this Addendum is adjudged invalid, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
4. Successors & Assigns – This Addendum binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns.
5. Electronic Signatures – Signatures transmitted electronically or by facsimile shall be deemed original and enforceable.
6. Counterparts – This Addendum may be executed in any number of counterparts, each of which is deemed an original, and all of which together constitute one instrument.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Late Fee Addendum as of the Effective Date.

[// GUIDANCE: Insert additional signature blocks for multiple Tenants or co-Landlords as needed.]

Notary Acknowledgment (if required by local practice)

State of South Carolina
County of [COUNTY]

Subscribed and sworn before me on this ___ day of __, 20__ by [NAME].

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Notary Public for South Carolina
My Commission Expires: _____

© 20__ – Prepared by legal counsel. This template is provided for general informational purposes and does not constitute legal advice. Practitioners must verify current statutory requirements and tailor all bracketed content before use.