Quick Answer
Under S.C. Code Ann. § 27-40-710, you may terminate a residential rental agreement for unpaid rent if the rent is not paid within five days of the due date and you gave the tenant written notice of nonpayment and your intent to terminate, or the lease itself contains that statutory notice language. For other breaches of the lease, you give written notice and the tenant has 14 days to cure. Statute text last checked October 22, 2026.
Key Takeaways
- Five days for rent. The period is counted from the rent due date.
- Written notice is the key step. The notice states the nonpayment and that you intend to terminate, unless the lease carries the statutory language.
- Fourteen days for other breaches. The tenant may cure in that time.
- A cure ends the issue. The agreement does not terminate if the breach is cured in time, or a longer cure is begun within 14 days and pursued in good faith.
- Go through court. Possession is recovered by action. Lockouts and utility shutoffs are outside the statute.
1. Counting the Five Days
The five days run from the day rent was due. Write the due date and the day-five date in the rent ledger. Because the notice rule turns on a date, a ledger with the dates saves you from reconstructing them later.
2. What the Notice Says
A usable notice names the tenant and the address, states the amount unpaid and the period it covers, says that you intend to terminate if rent is not paid, and shows the date and how it was delivered. If your lease already contains the statutory notice language, the lease does part of this work, but a dated notice is still a clear record.
3. Other Breaches: 14 Days to Cure
For a breach other than rent, you give written notice and the tenant has 14 days to cure. The statute adds that the agreement does not terminate when a cure that takes longer is begun within the 14 days and pursued in good faith. Describe the breach specifically so the tenant knows what to fix.
4. Possession Goes Through Court
Section 27-40-760 limits how you recover possession, and § 27-40-660 gives a tenant a remedy for unlawful removal or exclusion. Do not change locks, remove doors, or shut off utilities. File the action and wait for the court’s order.
5. A Checklist
- Record the due date and the day-five date.
- Prepare a written notice with the amount and your intent to terminate.
- Deliver it in a way you can document and keep a copy.
- Accept or decline a cure in writing, with the date.
- If rent stays unpaid, file in court and use the court’s process for possession.
Keeping the File Clean
A nonpayment file is easier to follow when it holds the same few items in the same order: the lease page that shows the rent amount and due date, the ledger line that shows what was paid and when, the notice, the proof of delivery, and any written reply from the tenant. If a tenant offers a partial payment, write down whether you accepted it and what it was applied to before you cash anything. Consistent handling from tenant to tenant makes each file easier to explain.
Courtesy matters too. A short, factual message that states the amount, the date, and how to pay often resolves the matter before any filing, and it costs you nothing under the statute.
What This Guide Does Not Cover
This guide covers the notice rules in § 27-40-710. It does not cover the court’s rule to vacate procedure, late fees, or the removal of personal property. It states the statute and does not predict how a court will rule.
7. Questions Owners Ask
Is five days a grace period? The statute uses five days as the point after which you may terminate, provided the notice rules are met.
Can I tell the tenant to leave in three days? The statute does not provide for that period for nonpayment. Use the notice rules in § 27-40-710.
What if the tenant pays on day six? Decide and record in writing whether you accept it. Your written decision becomes part of the file.