Skip to content
Coverage

Rental deposit

South Carolina security deposit return — S.C. Code Ann. § 27-40-410

Sub-nationalUS-SCDerived or secondary source

South Carolina

Rule id
deposit.us-sc
Version
1.0.0
In force from
January 1, 1986
Last read against its sources
August 5, 2026
Countries bound
United States

In plain language

What this regime says.

South Carolina gives a landlord 30 days to deal with a security deposit after the tenancy ends. A written itemised statement of deductions is mandatory. A landlord who misses the statutory deadline can be liable for up to 3× the wrongfully withheld amount plus your reasonable attorney's fees.

Who is covered

Residential tenants in South Carolina whose landlord has kept some or all of a security deposit.

What you get

The wrongfully withheld part of your deposit, potentially multiplied by 3, plus your reasonable attorney's fees.

Where claims go wrong

  • Not giving a written forwarding address. In this state that is the single most common reason a good deposit claim fails.
  • Waiting. The limitation period runs from the day the deadline was missed, not from the day you noticed.
  • Accepting a partial payment marked "full and final settlement" without reserving your rights in writing.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. S.C. Code Ann. § 27-40-410South Carolina Residential Landlord and Tenant ActURL verified 2026-08-05§ 27-40-410
  2. S.C. Code Ann. § 15-3-530South Carolina Code of LawsURL verified 2026-08-05§ 15-3-530(1) — three-year contract limitation
  3. S.C. Code Ann. § 22-3-10South Carolina Code of LawsURL verified 2026-08-05§ 22-3-10 — magistrate civil jurisdiction

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

  • US small-claims jurisdictional limits and filing feesState judiciary self-help and court-administration pagesretrieved 2026-08-05

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Landlord's deadline to account for the depositS.C. Code Ann. § 27-40-410 gives the landlord 30 days from 2026-07-09 to return the deposit and account for any deductions.S.C. Code Ann. § 27-40-410 — § 27-40-410Response due
  • South Carolina limitation period for a deposit claimFatal if missedThree years under S.C. Code Ann. § 15-3-530(1) (contract, obligation or liability). Subsection (2) covers statutory liabilities "other than a penalty or forfeiture", so the treble element may not sit there — but subsection (1) supplies three years on either path. The clock runs from 2026-08-08, the day the landlord's own deadline expired.S.C. Code Ann. § 15-3-530 — § 15-3-530(1)Limitation period

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

The landlord charges you for ordinary wear and tear

high likelihood

The landlord bills you for repainting, carpet cleaning, or "making good" the unit, treating ordinary deterioration as damage.

What answers it

South Carolina does not allow a deposit to be applied to normal wear and tear. Chapter 27-40 contains no definition of normal wear and tear. § 27-40-410(a) permits withholding only for "accrued rent and damages", and subsection (c) ties damage to the tenant's non-compliance with § 27-40-510. Ask the landlord which § 27-40-510 duty it says you breached; deterioration from ordinary occupation is not one. Ask the landlord to identify, item by item, what exceeds that standard, and to produce the move-in condition record that shows the item was not already worn when you took possession.

S.C. Code Ann. § 27-40-410 — § 27-40-410

"The carpet/paint had to be replaced"

high likelihood

The landlord charges the full cost of a new carpet, new paint or a new appliance against your deposit.

What answers it

A tenant is not liable for the full replacement cost of an item that was already part-way through its useful life. The recoverable figure is the depreciated value of the remaining life, not a new-for-old replacement. Ask for the installation date and the invoice; carpet is conventionally depreciated over five to ten years and interior paint over two to four. A landlord who cannot date the item cannot prove the loss, and in a deposit case the landlord carries the burden.

S.C. Code Ann. § 27-40-410 — § 27-40-410

"We never received a forwarding address"

high likelihood

The landlord says it could not return the deposit because it did not know where to send it.

What answers it

Produce the written record — the email, the text, the certified-mail receipt, the notice-to-vacate that carried the address, or the change-of-address confirmation from the postal service. A landlord who received the address and did nothing cannot rely on this. If the address genuinely was never given, give it now in writing: in most states that starts the clock rather than ending the claim.

S.C. Code Ann. § 27-40-410 — § 27-40-410

"We sent you the itemisation"

high likelihood

The landlord asserts it posted the itemised statement inside the statutory window and that you simply did not receive it.

What answers it

Ask for proof of despatch, not proof of intention: the certificate of mailing, the certified-mail receipt, the tracking number, or the timestamped email. Most deposit statutes require the statement to be sent within the period, and the landlord bears the burden of showing it did so. An unevidenced assertion that a letter was posted is not evidence that it was.

S.C. Code Ann. § 27-40-410 — § 27-40-410

"We had to have the unit professionally cleaned"

high likelihood

A flat "cleaning fee" is deducted whether or not the unit was left dirty.

What answers it

A standing cleaning charge applied to every tenant is not a loss caused by you and is not a permitted deduction. The landlord must show the unit was left less clean than it was at move-in and must produce the invoice for the work actually done. Compare the move-in and move-out condition records; where the landlord did not make a move-in record, it has little with which to prove the difference.

S.C. Code Ann. § 27-40-410 — § 27-40-410

"You broke the lease, so we keep the deposit"

medium likelihood

The landlord treats an early departure as forfeiting the deposit outright.

What answers it

A deposit is security for actual loss, not a penalty. Breaking a lease may make you liable for rent until the unit is re-let, but the landlord must mitigate, must itemise what it actually lost, and must still account for the deposit within the statutory period. A blanket forfeiture clause does not survive: deposit statutes are generally non-waivable, so a lease term purporting to let the landlord keep the money regardless is unenforceable.

S.C. Code Ann. § 27-40-410 — § 27-40-410

Different tenants were charged different deposits with no posted standards

low likelihood

The landlord treats the whole deposit as available for damage deductions.

What answers it

§ 27-40-410(c): where a landlord rents more than four adjoining units on the premises and applies different standards for calculating deposits, it must post the standards conspicuously, or where rent is paid, or give each prospective tenant a written statement of them. If it did not, "the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages". That difference comes back regardless of the condition of the unit.

S.C. Code Ann. § 27-40-410 — § 27-40-410

Where to take it next

  1. Written demand to the landlordSend a dated letter that quotes S.C. Code Ann. § 27-40-410, states the date the statutory clock started and the date it expired, sets out the sum claimed, and gives a deadline of 14 days. Send it by a method that produces proof of despatch. Most deposits come back at this stage, because the letter shows the landlord you know the deadline it missed.Claim directtypically 14 days
  2. South Carolina Department of Consumer AffairsTakes and mediates landlord-tenant complaints. Magistrates Court awards the money and the fees.Regulatortypically 60 daysofficial page
  3. South Carolina Magistrates CourtBinding on themThe claim limit is USD 7,500. § 22-3-10 sets the magistrate civil threshold at USD 7,500. Bring the lease, the deposit receipt, your move-in and move-out photographs, the forwarding-address proof and your demand letter.Small claimstypically 90 daysofficial page

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNationalCzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: high

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.