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    South Carolina Late Fee Law

    No South Carolina statute caps residential late fees or requires a grace period; the lease sets both.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    South Carolina late fee law at a glance

    What South Carolina law says

    Is there a limit on late fees in South Carolina?

    South Carolina sets no cap on residential late fees; the Act treats agreed late charges as part of rent, so the amount is set by the lease (S.C. Code §§ 27-40-210(11), 27-40-310(a)) (S.C. Code § 27-40-210(11) ('rent' includes late charges); § 27-40-310(a) (terms set by agreement); Ch. 40 has no late-fee limit).

    Does South Carolina require a grace period before a late fee?

    South Carolina sets no grace period before a late fee may be charged; the five-day period in S.C. Code § 27-40-710(B) only controls when a landlord may terminate the lease for nonpayment (S.C. Code § 27-40-710(B) (five days to pay before termination, not a fee grace period)).

    How much notice must a South Carolina landlord give for unpaid rent?

    If rent is not paid within 5 days of the due date, you may end the lease after giving written notice of nonpayment and intent to terminate; one notice per lease term is enough, and a conspicuous clause in the lease using the statutory 'IF YOU DO NOT PAY YOUR RENT ON TIME' language satisfies it (S.C. Code Ann. § 27-40-710(B)).

    How South Carolina compares

    31 of 51 verified jurisdictions set no statutory cap. 14 require a grace period.

    Georgia follows the same rule as South Carolina; 1 of its 2 neighbors differs.

    Late-fee cap · grace periodStates
    No state cap · noneSouth Carolina, Georgia
    Statutory formula · 5 daysNorth Carolina

    Other South Carolina rules

    Read the South Carolina law

    Put the late fee and grace period in writing

    Report an outdated or wrong rule