South Carolina Security Deposit Laws: Limits and Return Deadlines

If you're renting a home or apartment in South Carolina, it's important to know your rights and responsibilities when it comes to security deposits. Understanding the rules around security deposit limits and how (and when) your landlord must return your money can help you avoid disputes and get your deposit back faster. This guide explains what South Carolina law says about security deposits, deadlines, and helpful resources.

What Is a Security Deposit?

A security deposit is money you pay your landlord before moving in, meant to cover possible damages beyond normal wear and tear or unpaid rent. South Carolina law lets landlords request a security deposit, but there are specific rules about how it's handled.

Security Deposit Limits in South Carolina

As of this year, South Carolina does not set a specific maximum limit for security deposits. This means landlords may generally choose the amount, but it must be "reasonable." If you ask, your landlord must tell you how the deposit amount was determined if different tenants are being charged different amounts for similar units in the same building.^[1]

• No dollar limit for security deposits set by the state
• Must be reasonable and non-discriminatory
• Landlord must disclose deposit calculation on request if charging different amounts

When and How Must Your Security Deposit Be Returned?

South Carolina law requires your landlord to return your security deposit within 30 days after your tenancy ends and you move out. The landlord may deduct costs for unpaid rent, late charges, or damages beyond normal wear and tear, but must provide an itemized written statement of any deductions.

• Your deposit must be returned within 30 days of moving out
• If deductions are made, you must get a written itemization
• Deposits are typically sent by mail—keep your forwarding address updated

What Happens If the Landlord Doesn't Return My Deposit?

If your landlord fails to return your security deposit (or a written itemization) within 30 days, you may take legal action to recover the deposit. You can contact or file a claim with the official tribunal for residential tenancy matters in South Carolina: the South Carolina Magistrate Court, which handles small claims related to landlord-tenant disputes.

Relevant Forms and How to Use Them

• South Carolina Small Claims Court Filing Form (SCCA/516)
  Used for filing a complaint against your landlord to recover a security deposit up to $7,500. Bring receipts, lease agreement, and photos for evidence.
  South Carolina Judicial Branch – Forms

Example: If your landlord fails to return your deposit within the 30-day deadline, you can fill out the Small Claims Court form, submit it to your county Magistrate Court, and start the legal process to recover your funds.

What Can Be Deducted from My Security Deposit?

Landlords in South Carolina can only deduct costs for:

• Unpaid rent and late fees
• Damages beyond normal wear and tear (not ordinary use)
• Any other expenses outlined in your lease (within state law)

They cannot deduct for normal cleaning or repairs due to "ordinary wear and tear." Be sure to document your unit's condition at move-in and move-out.

Key Steps if Your Security Deposit Isn’t Returned

• Write to your landlord requesting the deposit and itemized list of deductions
• Keep a copy of all communications
• If there's no response after 30 days, file a claim in Magistrate Court
• Bring evidence—photos, lease, payment records—to your hearing

For more guidance, see South Carolina Residential Landlord and Tenant Act, Section 27-40-410.

FAQ: Security Deposits in South Carolina

1. Is there a state limit to how much a landlord can charge for a security deposit in South Carolina?
   No, state law does not set a dollar limit, but charges must be reasonable and applied fairly to all tenants in similar units.
2. When should I expect to get my security deposit back?
   Your landlord must return your security deposit, or a written notice of deductions, within 30 days of when you move out and the lease ends.
3. What should I do if my landlord won’t return my deposit or provide an itemized statement?
   You can file a claim in South Carolina Magistrate Court to recover your deposit. Make sure you have records such as lease agreements, move-in/out photos, and communication with your landlord.
4. What can landlords legally deduct from my security deposit?
   They can deduct for unpaid rent, late fees, and damage beyond normal wear and tear. Routine cleaning and wear from everyday living can’t be deducted.
5. Where do I file a complaint if there’s a dispute?
   You can file a complaint with your local South Carolina Magistrate Court, which handles residential tenancy disputes.

Key Takeaways for South Carolina Renters

• South Carolina law requires security deposits to be returned within 30 days of moving out.
• There is no statewide limit, but charges must be reasonable.
• If your landlord doesn’t comply, you can file a claim in Magistrate Court.

Knowing these rights helps protect your money and avoid unnecessary delays.

Need Help? Resources for Renters in South Carolina

• South Carolina Magistrate Court – Handles small claims for tenant-landlord disputes.
• South Carolina Residential Landlord and Tenant Act – Full text of the law governing security deposits.
• South Carolina Legal Services – Landlord-Tenant Resources
• South Carolina Bar – Get Legal Help

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1. South Carolina Residential Landlord and Tenant Act, Section 27-40-410
2. South Carolina Magistrate Court, Summary Court Bench Book – Landlord-Tenant Law
3. South Carolina Judicial Branch, Official Court Forms

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