South Carolina Late Rent Fee Laws: Limits, Grace Periods, and Penalties
What South Carolina landlords can charge when rent is late, how long they must wait, and what an illegal fee costs. Last reviewed 2026-08-16.
How much can a landlord charge in South Carolina?
The South Carolina Residential Landlord and Tenant Act, Title 27, Chapter 40, contains no cap on late fees and no formula. A late fee is a contract term reviewed as liquidated damages, so the amount must approximate the landlord's real cost of late payment. Fees between 5% and 10% of monthly rent are commonly enforced, while a magistrate can refuse to enforce a fee that operates as a punitive penalty rather than compensation.
How late does rent have to be?
South Carolina requires no grace period before a late fee may be charged. Rent is due on the date set by the lease under § 27-40-310, and the fee attaches when the lease says it does. The five days in § 27-40-710(B) is the wait before eviction can begin, not before a fee can be charged.
Does the fee have to be in the lease?
Yes as a practical matter. No statute mandates disclosure, but a late fee that is not a written term of the rental agreement has no basis and a magistrate will not award it. State the amount and the day it applies.
What happens if you charge too much?
South Carolina sets no civil penalty for an excessive late fee. A magistrate simply declines to award it, and an unenforceable fee cannot support the balance claimed in an eviction action.
Returned payment fees
S.C. Code § 34-11-70 allows the payee of a dishonored check to charge a service charge of up to $30, meant to cover the cost of processing the returned item. It applies to landlords as it does to any other payee.
What South Carolina landlords get wrong
South Carolina defines "rent" in § 27-40-210 to include late charges, which is unusual and consequential: unpaid late fees are part of the rent a landlord can demand and can support a nonpayment eviction. Under § 27-40-710(B) the landlord must wait five days from the due date and give written notice, but the statute lets you satisfy that notice requirement once, up front, by putting the conspicuous "IF YOU DO NOT PAY YOUR RENT ON TIME" warning in the lease. Because the fee counts as rent, keep it defensible; a fee a magistrate strikes also shrinks the balance you claimed.
The law itself
Frequently asked questions
What is the maximum late fee in South Carolina?
There is no statutory maximum. Title 27, Chapter 40 contains no cap, so the amount is set by the lease and tested as liquidated damages, meaning it must approximate the landlord's actual cost of late payment. Fees between 5% and 10% of monthly rent are commonly enforced, while clearly punitive fees can be refused by a magistrate.
Is there a five-day grace period for rent in South Carolina?
Not for late fees. The five days in § 27-40-710(B) is how long a landlord must wait after the due date before starting an eviction for nonpayment. A late fee itself can be charged as soon as the lease says rent is late, which is usually the day after the due date.
Are late fees considered rent in South Carolina?
Yes. Section 27-40-210 defines rent to include late charges, so unpaid late fees form part of the rent a landlord can demand and pursue through an eviction for nonpayment. That makes it especially important that the fee be a defensible amount, since a magistrate who strikes it also reduces the balance you claimed.
Does a South Carolina landlord have to send notice before eviction for late rent?
Written notice is required after rent is five days late, but the statute lets a landlord satisfy it once, in advance. If the lease contains conspicuous language warning that eviction can begin five days after the due date, § 27-40-710(B) treats the notice requirement as met and no separate letter is needed.
Keep reading
Charging the wrong late fee can cost you more than the rent.
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.