Last reviewed September 2026
Written by LawLease Editorial
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South Carolina Late Rent Notice
This Late Rent Notice is built with South Carolina as the governing state. These are the South Carolina landlord-tenant rules that most often bear on it, with the statute for each.
South Carolina rules at a glance
| Late fees | No statutory cap; late charges count as “rent” under the ActS.C. Code §27-40-210 |
|---|---|
| Nonpayment eviction notice | 5 days — can be given once in the lease itselfS.C. Code §27-40-710(B) |
| Nonpayment of rent | If rent isn’t paid within 5 days of the due date, the landlord may terminate after written notice. That notice can be given once per lease — and it’s satisfied entirely by a conspicuous clause in the lease: “IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.” (§27-40-710(B)). |
| Lease violations | For other material noncompliance, a written notice specifying the breach and giving the tenant 14 days to remedy it before the lease terminates (§27-40-710(A)). |
Rent, late fees & rent increases
Rent is payable without demand or notice at the time and place agreed. Unless the tenant is told otherwise in writing, it’s payable at the unit, at the start of any term of one month or less, and otherwise in equal monthly installments at the start of each month (S.C. Code §27-40-310(c)).
- Late fees — South Carolina has no late-fee cap or mandatory grace period. The Act defines “rent” to include late charges (§27-40-210), so an unpaid late fee stated in the lease can be part of the rent owed — but a court can refuse to enforce a term it finds unconscionable (§27-40-230).
- Rent increases — No statute sets a notice period for increases. A fixed-term lease can’t be changed mid-term without agreement; for month-to-month tenancies, give at least the 30 days’ written notice needed to end the tenancy (§27-40-770(b)).
- Rent control — No county or city may enact or enforce any ordinance regulating the amount of rent for private residential property (§27-39-60).
- Retaliatory increases — A landlord can’t raise rent above fair-market value to retaliate for a code complaint or a complaint about a violation of the Act (§27-40-910).
Ending a South Carolina tenancy
| Week-to-week | 7 days |
|---|---|
| Month-to-month | 30 days |
- Nonpayment of rent — If rent isn’t paid within 5 days of the due date, the landlord may terminate after written notice. That notice can be given once per lease — and it’s satisfied entirely by a conspicuous clause in the lease: “IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.” (§27-40-710(B)).
- Lease violations — For other material noncompliance, a written notice specifying the breach and giving the tenant 14 days to remedy it before the lease terminates (§27-40-710(A)).
- Holdover — A bad-faith holdover lets the landlord recover attorney’s fees; a willful one, up to three months’ rent or twice actual damages, whichever is greater (§27-40-770(c)).
- Military — Servicemembers with qualifying orders may terminate early under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955).
- Domestic abuse by a cotenant — Under Act 184 of 2026, a tenant who is a victim of domestic abuse by a cotenant on the same lease may end their future obligations under the lease by written notice, backed by a restraining order, protection order or conviction, within 60 days of the incident. Termination takes effect at least 30 days after the landlord receives the notice; the tenant owes rent through that date and any damage they caused, but no early-termination penalties or fees (§27-40-350).
South Carolina Late Rent Notice FAQs
Is there a limit on late fees in South Carolina?
No. South Carolina sets no cap or grace period for residential late fees; the Act treats late charges as part of “rent” (§27-40-210). Courts can still refuse to enforce unconscionable terms (§27-40-230).
What notice is required to evict for nonpayment in South Carolina?
Five days. If rent isn’t paid within 5 days of the due date, the landlord may terminate after written notice — and a conspicuous statutory clause in the lease counts as that notice for the whole tenancy, including a month-to-month holdover (§27-40-710(B)).
More South Carolina landlord documents
- South Carolina Residential Lease Agreement
- South Carolina Eviction Notice
- South Carolina Security Deposit Return Letter
- South Carolina Rent Increase Notice
- South Carolina Notice to Vacate
- South Carolina Application Approval Letter
- South Carolina Application Denial Letter
- South Carolina Background & Credit Check Authorization
- South Carolina Rental Application
- South Carolina Co-Signer Guarantor Agreement
- South Carolina Bed Bug Addendum
- South Carolina Mold & Mildew Addendum
- South Carolina No-Smoking Addendum
- South Carolina Parking & Storage Addendum
- South Carolina HOA & Community Rules Addendum
- South Carolina Crime-Free Housing Addendum
- South Carolina Utilities & Services Addendum
- South Carolina Early Termination Addendum
- South Carolina Lease Extension Addendum
- South Carolina Lead-Based Paint Disclosure
- South Carolina Military Clause (SCRA)
- South Carolina Pet Addendum
- South Carolina Cash for Keys Agreement
- South Carolina Mutual Lease Termination Agreement
- South Carolina Lease Renewal Agreement
- South Carolina Notice of Non-Renewal
- South Carolina Lease Violation Notice
- South Carolina Notice of Entry
- South Carolina Move-In / Move-Out Inspection Checklist
- South Carolina Rent Receipt
- South Carolina Rent Verification Letter
- South Carolina Tenant Welcome Letter
- South Carolina Property Management Agreement
- South Carolina Commercial Lease
- South Carolina Rent-to-Own Agreement
- South Carolina Short-Term Rental Agreement
- South Carolina Room Rental Agreement
- South Carolina Roommate Agreement
- South Carolina Spanish Lease Agreement
- South Carolina Sublease Agreement
- South Carolina Lease Amendment
Late Rent Notice in other states
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- North Carolina Late Rent Notice
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- South Dakota Late Rent Notice
- Tennessee Late Rent Notice
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