South Carolina Security Deposit and Damage Deposit Rules

Understanding the rules around security and damage deposits is key for both renters and landlords in South Carolina. These deposits protect the property while ensuring tenant rights are respected. This article breaks down the differences, legal protections, refund timelines, and official resources for renters navigating deposits in South Carolina.

Security Deposits in South Carolina: What Renters Should Know

A security deposit is a sum of money a landlord collects at the start of a lease. This is held as financial protection against unpaid rent or damages that go beyond normal wear and tear. South Carolina law sets out clear guidelines for collecting, holding, and returning these deposits.

• Deposit Limit: There is no statewide limit on the amount of security deposit a landlord can require. However, the amount must be reasonable and disclosed in the lease agreement.
• Holding the Deposit: The deposit typically must be kept in a separate account, and landlords must treat all tenants equally in similar property types within the same complex.
• Return Deadline: Within 30 days after the tenancy ends and the tenant moves out. Landlords must provide a written itemized statement for any deductions.

South Carolina law refers to both security and "damage" deposits under the general umbrella of security deposits. There is no legal distinction between the two under state statute.^[1]

What Can Be Deducted from a Security Deposit?

Landlords in South Carolina can deduct the following costs from your security deposit at move-out:

• Unpaid rent
• Damage beyond normal wear and tear
• Unpaid utility bills that are the tenant’s responsibility
• Costs to repair or clean if beyond normal use

If deductions are made, you must receive an itemized statement with each cost detailed. If the deposit (or statement) is not returned within 30 days, you may have the right to pursue double the amount wrongfully withheld.^[1]

Required Forms and Official Processes

There is no required statewide “security deposit return form.” All communications should be in writing. If there is a dispute with your landlord, renters can file a claim in South Carolina Magistrates Court, which handles landlord-tenant small claims (up to $7,500).

• Magistrates Court Complaint Form (SCCA/708): This is the form to begin a civil claim for a deposit return. Example: If your deposit is not returned or you receive no itemized list after 30 days, you would complete the Complaint (SCCA/708) form and file it at your local Magistrates Court.

Which Law Governs Deposits?

The official regulation is the South Carolina Residential Landlord and Tenant Act, especially Section 27-40-410 and Section 27-40-420, which detail the handling, allowable deductions, and refund of deposits.^[1]

If You Need to File a Deposit Dispute

If your landlord does not return your security deposit or provide an explanation within 30 days, you may:

• Contact your landlord in writing to request your deposit
• File a complaint at your local Magistrates Court using the Complaint (SCCA/708) form
• Present copies of your lease, correspondence, and any proof of damages or repairs

The process is handled quickly and is designed to be accessible, even without an attorney.

FAQ: Security and Damage Deposit Questions for SC Renters

1. Is there a maximum amount a landlord can charge for a security deposit in South Carolina?
   No, South Carolina law does not set a limit on the amount charged for a security deposit.
2. Are security and damage deposits different under South Carolina law?
   No, South Carolina law treats all such deposits generally as security deposits with the same rules.
3. How long does a landlord have to return my deposit?
   The law requires landlords to return the deposit (or an itemized list of deductions) within 30 days of the tenant moving out.
4. What should I do if my deposit isn't returned?
   If you don’t receive your deposit or an itemized breakdown within 30 days, you can file a claim in Magistrates Court using the Complaint (SCCA/708) form.
5. Can I get double my deposit back if my landlord wrongfully withholds it?
   Yes, if a landlord keeps your deposit without a valid reason, the court may award you twice the amount unlawfully withheld.

Key Takeaways for Renters

• South Carolina does not differentiate between "security" and "damage" deposits; both are governed by the same rules.
• Your landlord must return any unused deposit (with an itemized statement, if deductions) within 30 days.
• Disputes can be filed easily in Magistrates Court, often without a lawyer.

Need Help? Resources for Renters

• South Carolina Magistrates Courts – Find your local court, get forms, and file deposit disputes.
• South Carolina Residential Landlord and Tenant Act – Read the full law for tenant and deposit protections.
• South Carolina Legal Services – Free legal help for eligible renters.
• HUD South Carolina Renters Resources – Information about your rights and statewide programs.

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1. South Carolina Residential Landlord and Tenant Act, Sections 27-40-410 & 27-40-420. View official legislation.
2. South Carolina Magistrates Courts. See official court information.
3. South Carolina Legal Services. Get assistance here.

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