South Carolina security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under S.C. Code § 27-40-410, a landlord in South Carolina must return your security deposit — together with any required written itemization of deductions — within 30 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

The 30 days runs from the latest of termination, delivery of possession, and the tenant's demand — this letter constitutes that demand and supplies the forwarding address in writing.

What it costs your landlord

Under S.C. Code § 27-40-410, a landlord who wrongfully withholds a deposit in South Carolina may be liable for three times the amount wrongfully withheld plus reasonable attorney's fees. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in South Carolina

Unpaid rent and damages the landlord suffered by reason of the tenant's noncompliance with § 27-40-510 or the rental agreement.

S.C. Code §§ 27-40-410, 27-40-510

Why wear and tear still isn't chargeable here

South Carolina's chapter contains no wear-and-tear phrase — searched directly. The argument is non-attribution to § 27-40-510, not an exclusion.

What a compliant itemization has to contain

A written statement itemizing the reasons for withholding, within 30 days of termination, delivery of possession and the tenant's written demand.

Read it yourself: S.C. Code §§ 27-40-410, 27-40-510

How to get your deposit back in South Carolina

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In South Carolina that's 30 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite S.C. Code § 27-40-410, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in South Carolina?

Under S.C. Code § 27-40-410, a South Carolina landlord has 30 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in South Carolina?

Under S.C. Code § 27-40-410, a landlord who wrongfully withholds may be liable for three times the amount wrongfully withheld plus reasonable attorney's fees.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.