DisputeKit / South Carolina
How long does a South Carolina landlord have to return a security deposit?
30 days. Under South Carolina Code § 27-40-410(a), a landlord must return the security deposit, less any deductions, together with a written notice itemizing the deductions within 30 days. The clock starts when you move out and hand back possession of the unit. Without a written forwarding address you may not get the extra damages if the landlord mailed everything to your last known address. A court may also award three times the amount wrongfully withheld, plus reasonable attorney's fees, if the landlord fails to return the deposit with the required itemized notice.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 30 days run from the latest of the end of the tenancy, the tenant's delivery of possession, and the tenant's demand for the deposit, so the tenant should make the demand in writing.
- The tenant must give the landlord a forwarding or new address in writing. A tenant who does not is not entitled to the extra damages if the landlord had no notice of the tenant's whereabouts and mailed the notice and any refund to the last known address.
What South Carolina law says about deductions and your rights
- Deductions are limited to accrued rent and damages the landlord suffered because the tenant did not meet the tenant's duties to keep the unit safe and clean and avoid damage (S.C. Code § 27-40-510).
- The statute says the tenant may recover 'three times the amount wrongfully withheld'; it does not say whether the treble amount is in addition to the deposit itself or includes it.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in South Carolina is $7,500 in magistrates court (South Carolina's small claims court), and the filing fee is About $80 in most magistrates courts, which usually includes service; check with your county magistrate.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. Without a written forwarding address you may not get the extra damages if the landlord mailed everything to your last known address
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in South Carolina?
The clock starts when you move out and hand back possession of the unit. Without a written forwarding address you may not get the extra damages if the landlord mailed everything to your last known address.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. South Carolina law allows a court to award three times the amount wrongfully withheld, plus reasonable attorney's fees, if the landlord fails to return the deposit with the required itemized notice. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in South Carolina is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.