If rent is not paid within 5 days of the due date, a South Carolina landlord may terminate after giving written notice of nonpayment and intent to terminate.
Worked example for South Carolina
Example: Rent is due on May 1, 2026 and is not paid within 5 days of the due date, by May 6, 2026. You may then terminate after giving written notice of nonpayment and your intention to terminate the rental agreement.
South Carolina timelines and limits
When this termination path is available
If rent is not paid within 5 days of the due date
Notice
Written notice of nonpayment and intent to terminate
South Carolina FAQ
How much notice does a South Carolina landlord have to give for nonpayment?
If rent is not paid within 5 days of the due date, the landlord may terminate after giving written notice of nonpayment and intent to terminate, under S.C. Code § 27-40-710(B).
When does the 5 days start?
From the date the rent is due.
What must the notice say?
It must give written notice of nonpayment and the landlord's intention to terminate the rental agreement.
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related South Carolina rules
Eviction court process & timeline
The magistrate issues a rule requiring the tenant to vacate or show cause within 10 days of service why they shouldn't be ejected.
$20 magistrate fee. South Carolina magistrates charge $20 for landlord proceedings against a tenant, including notices to quit, eviction orders or recovery of rent, plus $5 and mileage for each paper served by the magistrate's office. These are the only legal fees for magistrate and constable services statewide. Statute text: "for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, twenty dollars" (S.C. Code Ann. §§ 8-21-1010(A)(9), 8-21-1060(4), 8-21-1080). From January 1, 2027 (2026 Act No. 155), the 8-21-1010(A)(9) landlord proceedings fee is $40 and the 8-21-1060(4) magistrate service fee is $20 (noted 2026-10-23).
If a landlord unlawfully removes or excludes the tenant, or willfully interrupts essential services, the tenant may recover possession or end the lease. In either case the tenant can recover three months' rent or twice actual damages, whichever is greater, plus attorney's fees.
A landlord may not raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code-enforcement agency about a health or safety violation or complained to the landlord about a violation of the Act. Exceptions: the landlord may still sue for possession if the tenant mainly caused the code violation, materially breached, or repairs would require major alteration or demolition, and a landlord of more than four adjoining units may raise rent uniformly (27-40-910(c)-(e)). A tenant who will raise retaliation as a defense must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause (910(f)).
If a tenant stays without consent after the lease ends, the landlord may sue for possession, plus attorney fees for a bad-faith holdover. For a willful holdover, the landlord may also recover the greater of up to 3 months' rent or twice actual damages.
In an eviction for nonpayment, the tenant can raise the landlord's noncompliance as a defense or counterclaim, but notice rules apply (for non-essential services the landlord must have had notice 14 days before rent was due). When the tenant raises such defenses, the tenant must keep paying rent as it comes due, and the court can set it at fair-market rental value. There's no rent escrow program.
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