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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.
PropInspect walks you room by room — photos, 60-second video clips, and tagged notes attached to each room. Share the finished report as a link the other party can view without an account, or download it as a PDF to attach to the itemized notice or your demand letter. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.
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.
開始驗屋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.
常見問題
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.
Landlord or tenant, the rule is the same: the record wins arguments you'd rather not have.
Document the move-in today so the move-out is boring. Photos, video, and notes for every room, offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.
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.
開始驗屋 See how it works相關驗屋指南
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These state rules are not interchangeable. Read the guide for the state where the rental is located.
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來源及官方法律文本
- 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)