How long does a landlord in South Carolina have to return a security deposit?
30 calendar days
Subsection (a) runs the 30 days from termination of the tenancy, delivery of possession, and demand by the tenant, whichever is later, so the tenant's demand is part of the trigger and can be the event that starts the clock. Separately, the tenant must give the landlord in writing a forwarding or new address to which the notice and any amount due may be sent; a tenant who fails to do so is not entitled to damages under subsection (a), provided the landlord had no notice of the tenant's whereabouts and mailed the written notice and amount due to the tenant's last known address.
In plain terms, the statute says
The remedy is strict: subsection (b) says that if the landlord fails to return prepaid rent or the security deposit with the notice subsection (a) requires, the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld plus reasonable attorney's fees, with no bad-faith or willfulness finding required. The written-forwarding-address proviso in subsection (a) is the one gate on that recovery.
Who this covers
Section 27-40-410 sits inside the Residential Landlord and Tenant Act, and § 27-40-120 pulls nine arrangements out of the chapter: institutional residence incidental to detention or medical, geriatric, educational, counseling, religious, or similar service; occupancy under a contract of sale where the occupant is the purchaser or a successor; occupancy by a member of a fraternal or social organization in a structure run for its benefit; transient occupancy in a hotel, motel, or other accommodations subject to the accommodations sales tax; occupancy by an employee whose right to occupy is conditional on employment about the premises; occupancy by a condominium owner or a holder of a proprietary lease in a cooperative; premises used primarily for agricultural purposes; premises regulated by the Vacation Time Sharing Plan Act; and residence, temporary or not, at a charitable or emergency protective shelter. Subsection (c) of § 27-40-410 adds a separate rule, not an exclusion, for landlords renting more than four adjoining units on a premises who use different deposit standards for different tenants.
Read the law yourself
Where are you in this?
Have you moved out?
Questions people ask
How long does a landlord in South Carolina have to return a security deposit?
South Carolina: 30 calendar days. Subsection (a) runs the 30 days from termination of the tenancy, delivery of possession, and demand by the tenant, whichever is later, so the tenant's demand is part of the trigger and can be the event that starts the clock. Separately, the tenant must give the landlord in writing a forwarding or new address to which the notice and any amount due may be sent; a tenant who fails to do so is not entitled to damages under subsection (a), provided the landlord had no notice of the tenant's whereabouts and mailed the written notice and amount due to the tenant's last known address.
Who does South Carolina's security-deposit law cover?
Section 27-40-410 sits inside the Residential Landlord and Tenant Act, and § 27-40-120 pulls nine arrangements out of the chapter: institutional residence incidental to detention or medical, geriatric, educational, counseling, religious, or similar service; occupancy under a contract of sale where the occupant is the purchaser or a successor; occupancy by a member of a fraternal or social organization in a structure run for its benefit; transient occupancy in a hotel, motel, or other accommodations subject to the accommodations sales tax; occupancy by an employee whose right to occupy is conditional on employment about the premises; occupancy by a condominium owner or a holder of a proprietary lease in a cooperative; premises used primarily for agricultural purposes; premises regulated by the Vacation Time Sharing Plan Act; and residence, temporary or not, at a charitable or emergency protective shelter. Subsection (c) of § 27-40-410 adds a separate rule, not an exclusion, for landlords renting more than four adjoining units on a premises who use different deposit standards for different tenants.
What happens if a landlord in South Carolina is late?
The remedy is strict: subsection (b) says that if the landlord fails to return prepaid rent or the security deposit with the notice subsection (a) requires, the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld plus reasonable attorney's fees, with no bad-faith or willfulness finding required. The written-forwarding-address proviso in subsection (a) is the one gate on that recovery.
Where can I read South Carolina's security-deposit law?
South Carolina's rule is in S.C. Code Ann. § 27-40-410 (exclusions at § 27-40-120). The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
No ads. We don't sell your data.