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
| Late-fee cap | No state capS.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 |
|---|---|
| Grace period | No state grace periodS.C. Code § 27-40-710(B) (five days to pay before termination, not a fee grace period), S.C. Code § 27-40-310(c) (rent payable without demand or notice at the agreed time) |
| Notice before filing for unpaid rent | 5 days (5-day written notice of nonpayment and intent to terminate)S.C. Code Ann. § 27-40-710(B) |
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 period | States |
|---|---|
| No state cap · none | South Carolina, Georgia |
| Statutory formula · 5 days | North Carolina |
Other South Carolina rules
| Security deposit limit | No state capS.C. Code § 27-40-410 (no amount limit; (c) disclosure of differing deposit standards) |
|---|---|
| Deposit return deadline | 30 days after the triggering eventS.C. Code § 27-40-410(a) |
| Entry notice | 24 hours' noticeS.C. Code § 27-40-530 |
| Rent-increase notice | No state ruleS.C. Code § 27-40-310, S.C. Code § 27-40-770(b) |
| Month-to-month termination | 30 days (either side)S.C. Code § 27-40-770 |