South Carolina Statewide Rule
South Carolina Security Deposit Law: No Cap, 30-Day Return
Key Facts
- Deposit cap
- None (no statutory limit)
- Return deadline
- 30 days after termination, delivery of possession, and tenant's demand, whichever is later
- Itemized statement
- Required in writing; deductions limited to accrued rent and damages
- Statute
- S.C. Code Ann. § 27-40-410
- Penalty
- Up to 3x the amount wrongfully withheld plus reasonable attorney's fees
Summary
South Carolina sets no statutory cap on a residential security deposit. Under S.C. Code Ann. § 27-40-410, when a tenancy ends the landlord must refund the deposit, less any accrued rent and damages, and itemize every deduction in a written notice within 30 days after termination, delivery of possession, and the tenant's demand, whichever is later.
SECTION 27-40-410. Security deposits; prepaid rent. (a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address. (b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
Full Breakdown
S.C. Code Ann. § 27-40-410(a) requires that any deduction "must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later." Deductions are limited to accrued rent and damages from the tenant's noncompliance with § 27-40-510. Landlords renting more than four adjoining units who use different deposit standards for different tenants must post or provide a written statement of how deposits are calculated; failure forfeits the right to deduct the difference above the lowest comparable deposit. The statute imposes no maximum deposit amount.
Violations & Penalties
Under S.C. Code Ann. § 27-40-410(b), if a landlord wrongfully withholds a security deposit or prepaid rent, the tenant "may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees." The tenant must first provide a forwarding address in writing for the notice and any refund.
Frequently Asked Questions
How much can a landlord charge for a security deposit in South Carolina?
How long does a landlord have to return a security deposit in South Carolina?
What can a landlord deduct from a security deposit in South Carolina?
Sources
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