What Happens to Abandoned Property When Tenants Move Out in South Carolina

When moving out of a rental in South Carolina, many renters wonder what happens if they accidentally leave belongings behind. State law provides a clear process for landlords and tenants regarding left-behind or abandoned property. Understanding these rules can help you avoid surprises, protect your items, and resolve disputes fairly in South Carolina.

Understanding Abandonment of Property in South Carolina

South Carolina tenants and landlords must follow rules in the South Carolina Residential Landlord and Tenant Act when handling belongings left behind after a lease ends or a tenant moves out.^[1] "Abandoned property" is anything a renter leaves after leaving the rental without communicating with the landlord, finishing the lease, or after being evicted.

When Is Property Considered Abandoned?

• The tenant has moved out and left personal property behind
• The lease has ended (or been terminated by eviction or mutual agreement)
• No clear arrangement or communication has been made about the belongings

The law requires landlords to follow specific steps before disposing of or selling tenant property.

Landlord Responsibilities: Notice and Storage

Landlords in South Carolina must provide written notice before disposing of abandoned property left in the rental. This protects renters from losing valuable items or facing unfair disposal.

• Written Notice: The landlord must provide at least 15 days' written notice to the tenant (or any other known owner of the property).
• How Notice is Delivered: The notice may be sent to the tenant’s last known address or handed directly to the renter.
• Storage of Property: The landlord must safely store the belongings during the 15-day waiting period and not dispose of them during this time.

What Happens After 15 Days?

If the tenant doesn’t respond or collect their items within 15 days of receiving the notice, the landlord may choose to:

• Sell the items and apply the proceeds to owed rent, damages, or expenses (with any surplus going back to the renter)
• Dispose of or otherwise handle the property as they see fit

Landlords are not allowed to keep or sell property until the required notice period has passed.

Special Note on Valuable or Personal Items

Especially valuable or sensitive items (such as personal documents, medications, or important family items) should be retrieved promptly. South Carolina law does not require landlords to identify the value before disposal, so acting quickly is important.

Relevant Forms for Renters

• Notice of Abandoned Property: While South Carolina does not have a specific statewide form for this, the law requires landlords to give written notice describing the abandoned property and stating the 15-day pickup window.
  Example: If you move out and forget your bicycle in the garage, your landlord must provide a written description of the bike, state where it can be picked up, and explain you have 15 days to retrieve it.
  See Section 27-40-710 (Landlord and Tenant Act)

Landlords may also use the "Notice of Termination" if ending the tenancy for other reasons, but there is no required form for abandoned property beyond the written notice described in the law.

How to Protect Your Property When Moving Out

Before you leave your rental, take these steps to ensure nothing valuable gets left behind and to avoid disputes:

• Double-check every room, closet, and storage area for personal property
• Return all keys, including for any storage areas or outbuildings
• Communicate clearly in writing with your landlord if you need extra time to remove items
• Document (with photos or video) the condition and contents of your apartment at move-out

What if You Disagree with How the Landlord Handles Your Property?

If you believe your property was disposed of before the 15-day notice or was damaged while stored, you may file a complaint or take legal action.

• Contact the South Carolina Magistrate Court: This is the tribunal that handles residential tenancy disputes, including issues about abandoned property. Learn more about the Magistrate Court here.
• Bring all evidence (photos, correspondence) and a copy of your lease agreement

Resolving these issues quickly gives you the best chance of recovering missing items or getting compensation.

FAQs: Renters and Abandoned Property in South Carolina

1. Do landlords have to store all abandoned property?
   Landlords must store tenant property for at least 15 days after giving written notice, regardless of the type or value.
2. Can the landlord charge storage fees for abandoned belongings?
   Yes, landlords may deduct reasonable storage costs from the proceeds of any sold property or from a security deposit as authorized by law.
3. What should I do if I lost important documents in the rental after moving out?
   Contact your landlord immediately; South Carolina law gives you a short window (15 days) to reclaim items. Provide proof of ownership if possible.
4. Does the landlord need to use a specific notice form?
   No. The law only requires written notice with certain information—it does not require a specific state-issued form for abandoned property.
5. How do I file a complaint if my property was disposed of too soon?
   You can file a claim in the South Carolina Magistrate Court, which handles rental property disputes. Bring all documentation supporting your claim.

Key Takeaways

• South Carolina law requires landlords to give 15 days’ written notice before disposing of left-behind property.
• Tenants should act promptly to retrieve belongings and document all communication.
• Disputes may be taken to the Magistrate Court, which handles housing issues across the state.

Need Help? Resources for Renters

• South Carolina Department of Consumer Affairs – renter rights information, complaints, and advice
• South Carolina Magistrate Courts – handles residential tenancy disputes, including abandoned property complaints
• South Carolina Residential Landlord and Tenant Act – full text of current tenancy laws
• South Carolina Legal Services – support and guidance for renters who need assistance

---

1. South Carolina Residential Landlord and Tenant Act, Section 27-40-710
2. South Carolina Magistrate Courts – Residential Tenancy Disputes

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations