South Carolina Rent Late Fee & Grace Period Calculator

Verified Primary Statute: S.C. Code Ann. § 27-40-710 & § 27-40-230 · Last Checked: 2026-11-01 Spot a law update? Report it

Monthly Rent Amount (USD)

Rent Due Day of Month

Payment Received Day

Late Fee Charged or In Lease (USD)

Late fee clause is written in the signed lease agreement (Mandatory under S.C. Code Ann. § 27-40-710 & § 27-40-230; landlords cannot charge late fees on oral leases or without written disclosure).

South Carolina Legal AssessmentGrace Period Active (No Fee Due)

Maximum Statutory Late Fee:

$0.00

Payment falls within South Carolina's mandatory 5-day statutory grace period (S.C. Code Ann. § 27-40-710 & § 27-40-230). No late fee may be charged until Day 7.

Statutory Grace Period:5 days (Earliest fee: Day 7)

Days Past Statutory Due Date:5 days

Fee Charged by Landlord:$75.00

Unlawful Overcharge:+$75.00

Governing Authority:S.C. Code Ann. § 27-40-710 & § 27-40-230

South Carolina Late Fee Laws at a Glance (S.C. Code Ann. § 27-40-710 & § 27-40-230)

Under S.C. Code Ann. § 27-40-710(B), tenants have a statutory 5-day grace period to pay rent after written notice before the landlord can terminate the rental agreement, though late fees depend on lease terms.

Mandatory Grace Period	5 days (Earliest fee: Day 7)
Maximum Statutory Fee Limit	South Carolina Residential Landlord and Tenant Act (S.C. Code § 27-40-10) enforces late fees stated in the lease, subject to statutory unconscionability prohibitions under § 27-40-230.
Written Lease Clause Required?	Yes — Mandatory under state law
Primary Governing Statute	S.C. Code Ann. § 27-40-710 & § 27-40-230 ↗

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Key South Carolina Statutory Nuances & Legal Precedents

5-Day Default Notice Rule (§ 27-40-710): If rent is unpaid for 5 days after due date, landlord may begin eviction if notice was provided in the written lease.
Unconscionable Clause Prohibition (§ 27-40-230): South Carolina courts will invalidate late fee provisions found to be grossly unfair or oppressive.
Reasonable Standard: Safe harbor practice in South Carolina magistrate courts is approximately 5% of monthly rent.

Worked Statutory Calculation

Charleston Unconscionable Late Fee

Monthly Rent:

$1,750

Payment Day:

Day 7

Fee Charged:

$225

Max Legal Fee:

$87.5

A late charge of represents nearly 13% of rent. Under S.C. Code § 27-40-230, magistrates routinely find such excessive fees unconscionable and reduce them to the standard 5% (.50).

South Carolina Rent Late Fee & Grace Period FAQs

Does South Carolina have a mandatory rent grace period?

Under S.C. Code Ann. § 27-40-710(B), landlords must allow 5 days for rent payment before initiating eviction if statutory notice is contained in the written lease.

How much can a South Carolina landlord charge as a late fee?

South Carolina law sets no specific cap, but § 27-40-230 prohibits unconscionable fees. Customary fees in magistrate courts are around 5% of monthly rent.

Can a landlord charge late fees without a written lease in South Carolina?

No. In South Carolina, late charges must be clearly agreed to in a written rental agreement.

What is the unconscionability standard in South Carolina rental law?

Under S.C. Code § 27-40-230, a court may refuse to enforce any rental agreement clause that it finds to have been unconscionable at the time it was made.