Owning rental property in Charleston, SC, comes with many responsibilities, especially when it comes to understanding the legal timelines and expectations around rent payments, grace periods, and eviction notices.
As a landlord, staying informed about South Carolina landlord-tenant law is essential—not only to protect your investment but also to maintain a good relationship with tenants and stay compliant with South Carolina state law.
In this guide, Oak Trust Properties breaks down everything landlords in Charleston should know about grace periods and notices, from what the law says about rent due dates to how much notice you must give tenants before starting eviction proceedings.
What Are Grace Periods in South Carolina?
A grace period is a designated number of days after the rent due date during which a tenant can still pay without incurring late fees or triggering eviction action. Many landlords include a grace period in their written rental agreement or lease agreement.
What is the grace period for rent in South Carolina?
South Carolina landlord-tenant law does not mandate a grace period. That means rent is legally due on the due date specified in the rental agreement—typically the first of the month. If a tenant fails to pay on the due date and there is no agreed-upon grace period, the landlord may legally take action the very next day.
However, many South Carolina landlords offer a 3- to 5-day grace period in their lease terms as a professional courtesy. Including this in the lease helps clarify expectations and prevents unnecessary legal disputes over overdue rent.
Notices and the Legal Timeline for Evictions
When a tenant fails to pay rent or violates the lease agreement, South Carolina law outlines clear steps landlords must follow before they can begin eviction proceedings.
How Much Notice Does a Landlord Have to Give in South Carolina?
How much notice depends on the reason for the notice:
Non-payment of rent: South Carolina law requires landlords to provide tenants with five days' written notice to pay rent or vacate before filing for eviction. This is often referred to as a “5-Day Notice to Pay Rent or Quit.”
Lease violation: If the tenant violates the lease in another way (such as breaking the rental unit's reasonable rules or damaging the dwelling unit), landlords must issue a 14-day notice. This gives tenants 14 days to fix the issue or vacate the premises.
Lease termination without cause (month-to-month tenants): If either the landlord or tenant wants to end a month-to-month rental agreement, South Carolina landlord-tenant law requires 30 days' written notice.
If a landlord does not give proper notice, the eviction may be delayed or dismissed in court.
Grace Periods and Notices: Why They Matter for Landlords and Tenants
Understanding grace periods and notices is critical for landlords and tenants alike. As a landlord, if you fail to provide essential services, act outside of South Carolina’s rental laws, or skip legal steps, it could result in financial loss, delays, or even legal penalties.
Some important reminders:
Always provide written notice as required by South Carolina code.
Do not enter the property or remove the tenant's personal property without a court order.
Follow federal laws, such as the Federal Fair Housing Act, when dealing with other tenants or protected classes.
Lease Agreements and the Importance of Clear Terms
A strong, well-written lease agreement is your best defense against misunderstandings and legal issues. Be sure to include:
Rent due date and amount
Whether a grace period exists and how long it is
Penalties for unpaid rent
Rules for the rental premises, including maintenance, guests, and regularly scheduled periodic services
The process for lease termination and the required notice
Your rental agreement should also explain what happens if the landlord fails to uphold responsibilities, such as repairing the HVAC or maintaining the plumbing—these are considered necessary or agreed-upon services.
What Charleston Landlords Need to Know About Tenant Evictions
Charleston landlords should be especially cautious when dealing with evictions. Here's a quick overview of the eviction process:
Serve Proper Notice: Whether it's for non-payment, a lease violation, or the end of a lease term, the first step is always to serve a written notice as outlined in the South Carolina Landlord-Tenant Act.
File for Eviction: If the issue isn’t resolved, you may then file for eviction in the Magistrate Court. You’ll need documentation showing that proper notice was given and that the tenant failed to comply.
Court Proceedings: A hearing will be scheduled where both parties can present evidence. If the tenant does not appear or the court rules in your favor, the judge may issue a writ of ejectment.
Removing the Tenant: Only the sheriff can legally remove a tenant from the rental unit. You cannot change locks or remove belongings on your own—doing so violates South Carolina landlord-tenant law.
Rent Control, Fair Housing, and Other Legal Considerations
Charleston does not currently enforce rent control laws, but South Carolina’s rental laws and the Federal Fair Housing Act still apply. That means you cannot discriminate based on race, religion, gender, family status, or other protected categories in Charleston.
It’s also worth noting:
Landlords must return the tenant’s security deposit within 30 days of lease termination.
If the landlord violates the lease or fails to maintain the property in a livable condition, tenants may have grounds to withhold rent or break the lease.
Tenants can sue for twice the actual damages plus reasonable attorney’s fees if the landlord acts unlawfully.
Final Thoughts for Rental Property Owners in Charleston
Understanding what landlords in Charleston should know about grace periods and notices is essential to managing a South Carolina rental property legally and effectively. Whether you’re an experienced landlord or just getting started, compliance with South Carolina landlord-tenant law helps you avoid legal headaches and build lasting, professional relationships with your tenants.
As a local expert in property management and real estate services, Oak Trust Properties is here to help Charleston rental property owners navigate the ins and outs of grace periods, notices, and the eviction process.
Need Help Navigating Landlord Responsibilities in Charleston?
At Oak Trust Properties, we specialize in helping Charleston landlords manage their properties efficiently and legally. From drafting bulletproof lease agreements to handling eviction notices, we’ve got your back.
Contact us to learn more about how we support rental property owners across Charleston, SC.
