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South Carolina Security Deposit Law, in Plain English
South Carolina Security Deposit Law, in Plain English
- 30 daysDeadline to itemize and return — running from the later of termination, delivery of possession, or the tenant's demand
- No capSouth Carolina sets no limit on deposit size and requires no interest
- 1 letterThe tenant's written demand and forwarding address — the two tenant-side steps, best done together
- 4+ unitsThe threshold above which a landlord charging different deposit standards must post or disclose them
- 3x + feesTreble the amount wrongfully withheld, plus reasonable attorney's fees
No cap — but a fairness rule for multi-unit landlords
South Carolina sets no limit on deposit size, requires no interest, and says nothing about where the money is kept.
It does police inconsistency. A landlord who rents more than four adjoining units and imposes different deposit standards on different tenants must either post the standards conspicuously or hand each prospective tenant a written statement of them. A landlord who does neither may not deduct the difference between that tenant's deposit and the lowest deposit required of any other tenant — the excess simply comes back.
Thirty days from the last of three events — including your demand
Any deduction must be itemized in a written notice to the tenant, with the amount due, within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later.
Read the trigger carefully. Moving out doesn't start the clock by itself; neither does handing back the keys. The 30 days run from whichever of those three events comes last — and one of them is the tenant's own demand. A tenant who never asks in writing has, technically, never started the count. A landlord who's waiting for a demand that never arrives is still holding someone else's money.
The statute also puts a duty on the tenant: provide in writing a forwarding or new address where the notice and refund can be sent. One letter on move-out day — "I've vacated, here is my address, please return my deposit" — satisfies both tenant-side steps and starts the clock.
What may be deducted: accrued rent and damages the landlord suffered from the tenant's noncompliance with the statutory tenant duties in § 27-40-510 — keeping the unit clean and safe, using fixtures properly, not damaging the property deliberately or negligently. Ordinary wear and tear breaches none of those duties.
Thirty days to itemize, tripled if you're wrong. The record decides which side of "damage" you're on.
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- Dated, room-by-room proof for when the deposit is due
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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with South Carolina law or a particular result in a deposit dispute.
When it goes wrong: three times the amount, plus the lawyer
If the landlord fails to return the deposit — or prepaid rent — with the required itemized notice, the tenant may recover three times the amount wrongfully withheld, plus reasonable attorney's fees. It's a stiffer rule than most neighboring states, and the fee award makes clean cases worth an attorney's time.
The obligation also survives a sale: whoever holds the landlord's interest when the tenancy ends is bound by the section.
Disputes go to magistrate court — South Carolina's small claims court — for claims up to $7,500; a trebled claim above that goes to circuit court. The winning file: the lease, the written demand and forwarding address, the 30-day notice or proof none arrived, any posted deposit standards, and dated room-by-room photos from both ends of the tenancy.
Frequently asked questions
How long does a landlord have to return a security deposit in South Carolina?
30 days after the latest of three events: the tenancy ending, you handing back possession, and your demand for the deposit. Within that window the landlord must send a written itemized notice of any deductions and the balance due. Because your demand is one of the triggers, make it in writing — with your forwarding address — the day you move out.
How much can a landlord charge for a security deposit in South Carolina?
There's no statutory cap, no interest requirement, and no rule on where the money is kept. One exception on fairness: a landlord with more than four adjoining units who charges different tenants different deposit standards must post the standards or hand you a written statement — or lose the right to deduct the difference.
What can a landlord deduct from a deposit in South Carolina?
Accrued rent and damages caused by your failure to meet the tenant duties in § 27-40-510 — keeping the unit clean and safe, using fixtures properly, and not deliberately or negligently damaging the property. Ordinary wear and tear isn't a breach of those duties and isn't deductible.
What happens if the landlord doesn't return the deposit with an itemized notice?
You may recover three times the amount wrongfully withheld, plus reasonable attorney's fees. That's one of the stronger deposit penalties in the Southeast, and it's why South Carolina landlords who miss the 30 days usually settle fast.
Do I have to give my landlord a forwarding address?
Yes — the statute says the tenant shall provide a written forwarding or new address for the notice and refund. Combine it with your written demand for the deposit and you've satisfied both tenant-side steps in one letter.
Does the deposit law apply if the building is sold?
Yes. Whoever holds the landlord's interest when your tenancy ends is bound by § 27-40-410 — a new owner inherits the obligation to account for and return your deposit.
Does South Carolina require a move-in inspection or photos?
No. The Act has no checklist, walkthrough, or photo requirement — which means the record is entirely up to the parties. In a treble-damages dispute over what counts as damage versus wear, the side with dated room-by-room documentation from move-in usually wins.
Where do deposit disputes go in South Carolina?
Magistrate court — South Carolina's small claims court — handles claims up to $7,500; a trebled claim above that goes to circuit court. Bring the lease, your written demand and forwarding address, the 30-day notice or proof none arrived, and dated move-in and move-out photos.
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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with South Carolina law or a particular result in a deposit dispute.
Related inspection guides
Compare state guides
These state rules are not interchangeable. Read the guide for the state where the rental is located.
- California security deposit law
- Connecticut security deposit law
- Oklahoma security deposit law
- Louisiana security deposit law
- Kentucky security deposit law
- Alabama security deposit law
- Indiana security deposit law
- Nevada security deposit law
- Washington security deposit law
- Georgia security deposit law
- Texas security deposit law
- Arizona security deposit law
- Wyoming security deposit law
- Vermont security deposit law
- Alaska security deposit law
- North Dakota security deposit law
- South Dakota security deposit law
- Delaware security deposit law
- Rhode Island security deposit law
- Montana security deposit law
- Maine security deposit law
- New Hampshire security deposit law
- Hawaii security deposit law
- Idaho security deposit law
- West Virginia security deposit law
- Nebraska security deposit law
- New Mexico security deposit law
- Kansas security deposit law
- Mississippi security deposit law
- Arkansas security deposit law
- Iowa security deposit law
- Utah security deposit law
- Missouri security deposit law
- Wisconsin security deposit law
- Minnesota security deposit law
- Maryland security deposit law
- Tennessee security deposit law
- Oregon security deposit law
- Colorado security deposit law
- Massachusetts security deposit law
- Virginia security deposit law
- New Jersey security deposit law
- Michigan security deposit law
- North Carolina security deposit law
- Ohio security deposit law
- Pennsylvania security deposit law
- Illinois security deposit law
- New York security deposit law
- Florida security deposit law
Sources and official texts
- S.C. Code Title 27, Chapter 40 — Residential Landlord and Tenant Act (official, South Carolina Legislature; see § 27-40-410)
- S.C. Code § 27-40-410 — security deposits; prepaid rent (Justia mirror, section-level)
- South Carolina Judicial Branch — Magistrate Court / small claims ($7,500 limit)
- South Carolina Appleseed / SC Legal Services — tenant rights guide (plain-language)