Late rent · South Carolina

South Carolina late rent laws (2026)

The notice you owe a tenant who hasn’t paid, when a late fee is allowed, and how much it can be — with the statute behind each figure.

Last reviewed · Not legal advice

Notice before filing
Grace period
No statewide grace periodNo statute found
Late-fee cap
No statutory capNo statute found

The South Carolina timeline, with dates

Here is the order of events when rent due on the 1st goes unpaid, using South Carolina's numbers and an example notice served on the 5th.

  1. The 1stRent is due (the example due date used throughout this page).
  2. Late feeNo statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
  3. The 5th (example)You serve the notice: 5-day written notice of nonpayment - satisfied for the whole tenancy by conspicuous notice language in the written lease (S.C. Code § 27-40-710(B)).
  4. Not before the 10thThe 5-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
  5. Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.

The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read S.C. Code § 27-40-710(B) before you serve anything.

The notice for unpaid rent

5-day written notice of nonpayment - satisfied for the whole tenancy by conspicuous notice language in the written lease. S.C. Code § 27-40-710(B)

Among the 31 states we have verified, 13 require less notice (3 of them none at all), 2 others use the same 5 days as South Carolina, and 14 require a longer one. Among states that require a notice, the median is 7 days.

Late fees and the grace period

No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.

South Carolina has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.

What else to know in South Carolina

Notes from our review: If the lease contains the statutory notice language, the landlord may file once rent is 5 days late with no further notice.

Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.

South Carolina and its neighbors

StateNoticeGrace periodLate-fee capSource
South Carolina5 daysNone statewideNo statutory capVerified
Georgia3 business daysNone statewideNo statutory capVerified
North Carolina10 days5 daysGreater of $15 or 5%Verified

Notice periods across the 31 verified states

Notice before filingStates
No pre-filing notice3
3 days10
5 days3
7 days3
10 days5
14 days6
No fixed number1

Sources

  • Notice for unpaid rent: S.C. Code § 27-40-710(B)
  • Late fees and grace period: no statute found that sets a cap or grace period
  • Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.

Frequently asked

How much notice does a landlord have to give for unpaid rent in South Carolina?

The rule in South Carolina (S.C. Code § 27-40-710(B)): 5-day written notice of nonpayment - satisfied for the whole tenancy by conspicuous notice language in the written lease. If rent is still unpaid once that period has run, the landlord can file an eviction case.

Is there a grace period for late rent in South Carolina?

We found no statewide statute that sets a grace period in South Carolina. No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.

How much can a landlord charge as a late fee in South Carolina?

No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.

Can a landlord evict for late rent in South Carolina?

Yes, for rent that remains unpaid, once the notice step is done: 5-day written notice of nonpayment - satisfied for the whole tenancy by conspicuous notice language in the written lease (S.C. Code § 27-40-710(B)).

Does federal law change the notice for unpaid rent in South Carolina?

It can. At "covered properties" under the federal CARES Act (generally those with a federally backed mortgage or federal subsidies), a 30-day notice to vacate for nonpayment is required in every state. Local ordinances can also be stricter than South Carolina's statute.

How does South Carolina compare with other states?

Among the 31 states we have verified, 13 require less notice (3 of them none at all), 2 others use the same 5 days as South Carolina, and 14 require a longer one. Among states that require a notice, the median is 7 days. South Carolina has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged. Figures for states we have not verified yet are left out of these counts.

This is not legal advice.Landlord–tenant law changes, and local rules can be stricter than the state’s. Read the linked sources, and talk to a local attorney before you serve a notice or file.

Keep a clean record of late rent

Rentmark tracks each lease’s rent against its due date and shows what’s paid, partial or late. Send a reminder in one click, and issue a PDF receipt when rent comes in — a clean payment history if you ever need to serve a notice in South Carolina.

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