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Late Rent Notice Requirements in South Carolina 2025

Grace period, late fee cap, and pay-or-quit notice rules , S.C. Code Ann. § 27-40-710

5 days Grace period before late fee / notice
5 days Pay-or-quit notice period
None / Lease Late fee cap
$1,002/mo Statewide median gross rent (ACS 2023)
South Carolina Quick Rule: 5-day grace period; landlord may not serve notice until day 6. Late fees must be specified in the lease.
Authority: S.C. Code Ann. § 27-40-710

In South Carolina, a landlord cannot go straight to eviction court the day rent is late. Before terminating a tenancy for nonpayment, you must give the tenant a written 5-day notice to pay or quit under S.C. Code Ann. 27-40-710, part of the state's Residential Landlord and Tenant Act. There is one exception unique to South Carolina: if your written lease contains a specific statutory warning provision, you may not need to serve a separate notice at all. This page explains the day count, the exact language the statute recognizes, how notice must be delivered, and how the rules differ for non-rent lease breaches.

The 5-day pay-or-quit rule under 27-40-710

Under S.C. Code Ann. 27-40-710, if rent is unpaid when due and the tenant fails to pay within five days of the due date, the landlord may terminate the rental agreement and begin eviction, but only after giving the tenant written notice of the nonpayment and of the landlord's intent to terminate if rent is not paid within that five-day window. The five days run from the rent due date set in the lease. South Carolina has no separate statewide grace period: unless your lease grants one, rent is late the day after it is due, and the five-day clock starts then. The notice should state the amount of rent owed and make clear the tenancy ends if payment is not made in time.

The lease-provision shortcut (why you may owe no separate notice)

South Carolina gives landlords an option most states do not. The statute treats the written-notice requirement as satisfied if your written rental agreement contains, in conspicuous language, this or a substantially equivalent provision: “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.” If that language is in the lease, you are not required to serve a separate 5-day notice before filing for eviction for nonpayment, and that remains true even after the original lease term expires and the tenancy rolls month-to-month. Separately, the notice duty is also considered met for any lease term once you have given one such written notice to that tenant. Best practice: put the clause in every lease, so a late-paying tenant cannot argue you skipped a required step.

How the notice must be delivered

Delivery is governed by S.C. Code Ann. 27-40-240. A tenant is deemed to receive notice when it actually comes to their attention, when it is delivered in hand to the tenant, or when it is mailed by registered or certified mail to the address the tenant holds out for receiving communications, or, if none is designated, to the tenant's last known residence. Proof of mailing counts as notice without proof of actual receipt, which is why certified mail is the safer paper trail than a note left at the door. Keep the mailing receipt and a copy of the dated notice; if the case reaches magistrate's court, that documentation is your evidence the five days were properly triggered.

Non-rent lease breaches: the 14-day cure notice

The five-day rule is only for nonpayment of rent. For other material lease violations, for example, an unauthorized occupant or a prohibited pet. 27-40-710 requires a different notice. You must deliver written notice specifying the acts or omissions that breach the lease and stating that the agreement will terminate on a date not less than 14 days after the tenant receives it if the breach is not cured within those 14 days. The tenancy does not terminate if the tenant fixes the problem in time, or if the fix cannot reasonably be completed in 14 days but is started within the period and pursued in good faith to completion in a reasonable time. Health-and-safety and certain other violations fall under separate provisions with their own rules.

After the notice: filing in magistrate's court

The notice does not itself evict anyone, it is the required first step. If the tenant does not pay within the five days (or cure a lease breach within 14 days), the landlord files an eviction (ejectment) action in magistrate's court under South Carolina's eviction procedure in Title 27, Chapter 37. Only the court, through a served Rule to Vacate or summons and, ultimately, a writ of ejectment, can remove a tenant. Self-help, changing the locks, shutting off utilities, or removing the tenant's belongings without a court order, is prohibited and exposes the landlord to liability. Serve a clean, dated, well-documented notice first; it is the foundation the rest of the case rests on.

The Pay-or-Quit Notice Process in South Carolina

Once rent is late and the 5-day grace period has expired, the landlord must serve a formal 5-day pay-or-quit notice (S.C. Code § 27-40-710) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in South Carolina court.

Fill-In Notice Template, South Carolina

NOTICE TO PAY RENT OR QUIT SOUTH CAROLINA TO: [Tenant Full Name(s)] PROPERTY ADDRESS: [Street Address, City, SC ZIP] NOTICE IS HEREBY GIVEN that rent is past due for the following period: Rental Period: [Month and Year] Monthly Rent: $[RENT AMOUNT] Balance Due: $[TOTAL OWED] The 5-day grace period under S.C. Code Ann. § 27-40-710 has expired. YOU HAVE 5 DAYS from the date this notice is served to either: (1) Pay the full balance of $[TOTAL OWED] to: [Landlord name and payment address or method] OR (2) Vacate and surrender possession of the premises. FAILURE to comply within 5 days will result in eviction proceedings being filed in South Carolina court pursuant to S.C. Code § 27-40-710. Date Served: [Date] Landlord: [Printed Name] Signature: ___________________________ Phone: [Contact Number]

This page summarizes the South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40), principally 27-40-710 (nonpayment and lease-breach notices) and 27-40-240 (delivery of notice), plus the magistrate-court eviction procedure in Title 27, Chapter 37. It reflects the statutes as published in the 2025 South Carolina Code of Laws and is written for landlords managing South Carolina rentals. It is general information, not legal advice; statutes are amended and local practice varies, so confirm the current code text and consult a South Carolina attorney or your local magistrate before acting on a specific eviction.

Frequently Asked Questions

How many days is a late rent notice in South Carolina?

Five days. Under S.C. Code Ann. 27-40-710, the tenant must be given written notice and a chance to pay within five days of the rent due date before the landlord can terminate the tenancy and file for eviction.

Do I have to serve a separate 5-day notice if my lease already warns about it?

Often no. If your written lease contains, in conspicuous language, the statutory provision (substantially: “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.”), the notice requirement is treated as satisfied and you may file for nonpayment without a separate notice, even after the original term rolls month-to-month.

Does South Carolina have a rent grace period?

There is no statewide statutory grace period. Rent is late the day after the lease due date, and the five-day pay-or-quit period starts from the due date, unless your lease itself grants a grace period.

How must I deliver the 5-day notice?

Under S.C. Code Ann. 27-40-240, deliver it in hand to the tenant or mail it by registered or certified mail to the address the tenant designated (or their last known residence). Proof of mailing counts as notice even without proof of receipt, so certified mail gives you the cleanest record.

What notice applies to lease violations other than late rent?

A 14-day cure notice. For material breaches other than nonpayment (and other than certain health-and-safety violations), 27-40-710 requires written notice specifying the breach and stating termination in not less than 14 days if the tenant does not cure within that period.

Can I change the locks after the five days pass?

No. Self-help eviction, lockouts, utility shutoffs, or removing belongings, is illegal in South Carolina. After the notice period expires you must file an eviction action in magistrate's court and let the court order removal.

Related Guides for South Carolina Landlords

← South Carolina Eviction Risk Overview South Carolina Eviction Notice Templates South Carolina Security Deposit Limits South Carolina Rent Increase Calculator Late Rent Rules, All States

Data sourced from South Carolina published statutes (S.C. Code § 27-40-710), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.