How do I dispute a security deposit return in South Carolina?

South Carolina's Residential Landlord and Tenant Act (S.C. Code §§ 27-40-10 et seq.) covers deposits at § 27-40-410.

1. No Statutory Cap

South Carolina does not statutorily cap the deposit amount; the lease controls.

2. Disclosure of Holding Conditions

If the landlord rents more than 4 units, they must disclose in writing whether the deposit is held in a separate or commingled account, and the location (§ 27-40-410(b)).

3. 30-Day Return Rule

Within 30 days after termination and surrender (and tenant's notice of forwarding address), the landlord must deliver to the tenant an itemized written notice specifying the deductions and refund any balance (§ 27-40-410(a)).

4. Forfeiture for Failure to Itemize

If the landlord fails to provide the itemized notice within 30 days, the landlord forfeits the right to retain any portion of the deposit (§ 27-40-410(a)).

5. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, damages beyond ordinary wear and tear, accrued utility charges. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.

6. Treble Damages

A landlord acting in bad faith in retaining the deposit is liable for three times the amount wrongfully withheld plus reasonable attorney's fees (§ 27-40-410(c)).

7. Magistrate Court & Limitations

File in South Carolina Magistrate Court small claims (up to $7,500). The statute of limitations is 3 years for breach of contract (§ 15-3-530).

This is legal information, not legal advice.