South Carolina Security Deposit Laws: What Renters Need to Know

Understanding your rights and responsibilities related to security deposits is key to avoiding disputes with your landlord in South Carolina. Knowing the rules can help you get your deposit back and resolve issues if deductions seem unfair or if your landlord hasn't responded within required timelines. This guide summarizes current security deposit laws and tenant protections to empower renters across the state.

What Is a Security Deposit in South Carolina?

A security deposit is a sum of money a landlord collects to cover potential unpaid rent, repairs for damages beyond normal wear and tear, or breaches of your lease. According to South Carolina law, there is no statewide limit on how much a landlord can require for a security deposit.¹ However, the landlord must apply the same policy to all similar units to avoid discrimination.

Requirements for Handling Security Deposits

South Carolina does not require landlords to keep your deposit in a separate account or to pay interest. However, your landlord must provide written notice of where the deposit is held if you request this in writing.

• Receipt: Although not legally required, always request a written receipt when you pay your deposit.
• Documentation: Upon move-in, it's wise to document the property's condition with photos and a checklist agreed upon by both parties.

When and How Is a Security Deposit Returned?

Your landlord is legally required to return your security deposit within 30 days after your lease ends and you move out.¹ Deductions can only be made for:

• Unpaid rent
• Damages beyond normal wear and tear
• Other breaches of the rental agreement, if listed in your lease

The landlord must provide an itemized statement explaining any deductions and send any remaining balance to your last known address. If your landlord does not return your deposit or fails to provide a statement within 30 days, you may have grounds to file a claim in court.

Official Forms and How to Use Them

Small Claims (Magistrate) Court Form

• Form Name: Statement of Claim and Notice of Hearing (SCCA/703C)
• When to Use: If your landlord does not return your security deposit or provide an itemized deduction list within 30 days, you can file a claim to recover your money in the Magistrate's Court (small claims court) for amounts up to $7,500.
• How to File: Complete the Statement of Claim and Notice of Hearing (SCCA/703C) from the South Carolina Judicial Department website. Submit it to your local Magistrate's Court, where you'll pay a filing fee and receive a hearing date. More guidance is available from the South Carolina Judicial Department Self-Help site.

Which Tribunal Handles Rental Disputes?

Rental disputes relating to security deposits are typically handled by your local Magistrate's Court in South Carolina. You can find your court and contact details at the South Carolina Magistrate Court Roster.

Relevant Tenancy Legislation

Security deposit rules are outlined under the South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40). Sections 27-40-410 and 27-40-420 address deposits, deductions, and timelines in detail.

What If I Disagree with Deductions?

If you dispute deductions:

• Contact your landlord in writing, outlining your concerns and referencing the itemized statement.
• Keep a copy for your records. If talks fail, you can file a claim in Magistrate Court (see forms above).

Summary

South Carolina law gives renters protections regarding how deposits must be handled, including a clear 30-day return rule. Staying organized and acting quickly if your rights are violated can help you recover your deposit more easily.

Frequently Asked Questions

1. How long does my landlord have to return my security deposit in South Carolina?
   Landlords must return your security deposit (or an itemized letter explaining deductions) within 30 days of your move-out date.
2. Is there a limit to how much my landlord can charge for a security deposit?
   No, South Carolina law does not set a maximum limit, but landlords must apply the same deposit policies for similar units.
3. What if my landlord keeps my deposit for normal wear and tear?
   Landlords may not deduct for normal wear and tear. If they do, request an itemized list and contest any improper charges, including by filing in Magistrate's Court if needed.
4. Can my landlord keep my deposit if I break my lease?
   Landlords may deduct from your deposit for breaches of your lease, such as breaking the lease early, if this is outlined in your rental agreement.
5. How can I file a complaint or claim against my landlord?
   Start by writing to your landlord. If you can’t resolve the issue, file a Small Claims (Magistrate's Court) case using the Statement of Claim and Notice of Hearing Form (SCCA/703C).

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act — Full text of state law
• Magistrate Court Directory — Find your local court to file a claim
• Self-Help Legal Resources — Court forms and guides
• South Carolina Legal Services: Tenant Help — Free or low-cost legal aid for renters
• HUD South Carolina Tenant Rights — Federal tenant information and protections

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1. See South Carolina Residential Landlord and Tenant Act (S.C. Code Title 27, Chapter 40), Sections 27-40-410 and 27-40-420 for security deposit rules.
2. Find official court forms and process information at the South Carolina Judicial Department Self-Help page.

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