South Carolina 5-Day Rent Notice
South Carolina gives the tenant five days from the rent due date before the ordinary nonpayment termination path is available. A qualifying conspicuous lease warning or one prior qualifying notice can satisfy the written-notice requirement for the lease term.
- The five-day period is tied to the rent due date.
- A conspicuous statutory or substantially equivalent lease warning can satisfy the written-notice requirement.
- One qualifying nonpayment notice can satisfy the notice obligation for later nonpayment during the lease term.
Built around the requirements of S.C. Code §§ 27-40-710(B), 27-37-10.
When can a South Carolina landlord act for unpaid rent?
If rent is unpaid when due and remains unpaid through the five-day period, §27-40-710(B) permits termination when its written-notice requirement has been satisfied.
Do I always need a new five-day notice?
No. The statute expressly allows the written lease itself to satisfy notice when it contains the prescribed or substantially equivalent conspicuous warning, and one qualifying notice can satisfy the notice obligation for the lease term.
What happens after the five-day period?
If rent remains unpaid and the notice prerequisite is satisfied, the landlord may proceed through South Carolina's magistrate-court ejectment process. The court, not the landlord, issues the rule to vacate or show cause.
Common mistakes to avoid
South Carolina legal authority
Legal information reviewed September 22, 2026.
Frequently asked questions
How many days does a South Carolina tenant have after rent is due?
The ordinary statutory nonpayment period is five days from the rent due date, subject to the Act's notice requirement and time-computation rule.
Does the landlord have to give a new notice every time rent is late?
Not necessarily. A qualifying conspicuous lease provision can satisfy the written notice requirement, and the statute also says one qualifying notice can satisfy the notice obligation for the lease term.
Can the landlord change the locks after five days?
No. Possession is recovered through the lawful South Carolina ejectment process unless a statutory abandonment or surrender rule applies.
Need to prepare the South Carolina notice?
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