South Carolina eviction notice and late fee rules

Notice for unpaid rent

5 days — If rent is not paid within five days of the due date, the landlord may terminate the rental agreement, provided the landlord has given written notice of nonpayment and of the intention to terminate if rent is not paid within that period.

Ending a month-to-month tenancy

Either party may end a month-to-month tenancy by written notice at least thirty days before the termination date in the notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is not paid within five days of the due date, the landlord may terminate the rental agreement, provided the landlord has given written notice of nonpayment and of the intention to terminate if rent is not paid within that period.

“If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period.”
S.C. Code § 27-40-710(B)

The landlord's notice obligation is satisfied for any lease term after one such notice has been given, or if the notice is in conspicuous language in a written rental agreement.

“The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement.”
S.C. Code § 27-40-710(B)

The statute supplies lease language that, if included, serves as the written nonpayment notice.

“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.”
S.C. Code § 27-40-710(B)

For residential agreements, nonpayment within five days of the due date is legal notice that the landlord may begin ejectment if the written agreement says so in bold conspicuous type.

“For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice.”
S.C. Code § 27-37-10(B)

Paying to stop an eviction

The agreement does not terminate if the tenant adequately remedies a remediable breach before the date in the notice.

“if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach before the date specified in the notice, or”
S.C. Code § 27-40-710(A)(1)

Notice for other lease violations

For a noncompliance other than nonpayment (and other than the specified health-and-safety sections), the landlord may give written notice that the agreement will terminate on a date at least fourteen days after receipt if the breach is not remedied in fourteen days.

“Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days.”
S.C. Code § 27-40-710(A)

Ending a month-to-month or other periodic tenancy

Either party may end a week-to-week tenancy by written notice at least seven days before the termination date in the notice.

“The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.”
S.C. Code § 27-40-770(a)

Either party may end a month-to-month tenancy by written notice at least thirty days before the termination date in the notice.

“The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.”
S.C. Code § 27-40-770(b)

Lockouts and utility shutoffs

A landlord may not take possession by action or otherwise, including by willfully interrupting essential services, except for abandonment, surrender, termination, or as the chapter permits.

“A landlord may not recover or take possession of the dwelling unit by action or otherwise, including wilful diminution of required essential services to the tenant by interrupting or causing the interruption of services, except in case of abandonment, surrender, termination, or as permitted in this chapter.”
S.C. Code § 27-40-760

For unlawful removal, exclusion, or willful interruption of essential services, the tenant may recover possession or terminate and recover three months' periodic rent or twice actual damages, whichever is greater, plus reasonable attorney's fees.

“If a landlord unlawfully removes or excludes the tenant from the premises, or wilfully diminishes services to tenant by interrupting or causing interruption of essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees.”
S.C. Code § 27-40-660

Retaliation

A landlord may not retaliate by raising rent above fair-market value, decreasing essential services, or bringing an action for possession after the tenant complained to a code-enforcement agency or complained to the landlord of a violation of the chapter.

“Except as provided in this section, a landlord shall not retaliate by increasing rent to an amount in excess of fair-market value or decreasing essential services or by bringing an action for possession after:”
S.C. Code § 27-40-910(a)

A tenant who intends to raise retaliation as a defense must notify the landlord in writing within ten days after service of the Rule to Vacate or Show Cause.

“In an action for possession where the tenant intends to raise a defense under this section, the tenant must notify the landlord in writing within ten days after service of the Rule to Vacate or Show Cause of his intent to do so.”
S.C. Code § 27-40-910(f)

What the notice must say and how it is delivered

The rule to vacate or show cause may be served in the same manner as a summons in common pleas or magistrates court; posting-and-mailing alternatives are set out in the statute.

“The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State.”
S.C. Code § 27-37-30(A)

Court deadlines and the eviction case

On the landlord's application, the magistrate issues a rule requiring the tenant to vacate or to show cause why he should not be ejected within ten days after service of the rule.

“Upon application by the landlord or his agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten days after service of a copy of such rule upon the tenant.”
S.C. Code § 27-37-20

If the tenant fails to appear and show cause within the ten days, the magistrate issues a warrant of ejectment.

“If the tenant fails to appear and show cause within the aforesaid ten days then the magistrate shall issue a warrant of ejectment and the tenant shall be ejected by his regular or special constable or by the sheriff of the county.”
S.C. Code § 27-37-40

Late fees and grace periods

The Act's definition of "rent" includes late charges.

“"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;”
S.C. Code § 27-40-210(11)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the South Carolina rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

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

If rent is not paid within five days of the due date, the landlord may terminate the rental agreement, provided the landlord has given written notice of nonpayment and of the intention to terminate if rent is not paid within that period. (S.C. Code § 27-40-710(B)).

How much notice is needed to end a month-to-month tenancy in South Carolina?

Either party may end a month-to-month tenancy by written notice at least thirty days before the termination date in the notice. (S.C. Code § 27-40-770(b)).