South Carolina Security Deposit: Your Deadline and Next Step
In South Carolina, the landlord must return the deposit within 30 calendar days (ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock)). Use the dates below to calculate your deadline (S.C. Code Ann. § 27-40-410).
Last checked 2026-07-14
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock) | 30 days | after the later of (i) termination of the tenancy and delivery of possession, or (ii) demand by the tenant |
South Carolina return rule: 30 calendar days (ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock)). Check the dates you entered above.
Key facts
| Deadline | 30 calendar days (ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock)) |
|---|---|
| Deadline trigger | after the later of (i) termination of the tenancy and delivery of possession, or (ii) demand by the tenant |
| Penalty formula | tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld, plus reasonable attorney's fees |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No fixed statewide dollar or multiple-of-rent cap. If landlord rents more than four adjoining units and uses different deposit standards without required disclosure, excess over lowest comparable deposit is not subject to damage deductions. |
| Forwarding address required | Yes |
| Small claims limit | $7,500 (magistrate court (statewide civil jurisdiction commonly used)) in Magistrate Court (concurrent with circuit court for landlord-tenant claims under chapter) |
| Statute citation | S.C. Code Ann. § 27-40-410 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in South Carolina?
South Carolina law names a specific rule for 2 of 6 common charges (cleaning and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if this condition is met: keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean | Section 27-40-410 does not list cleaning or wear and tear. The landlord may withhold only accrued rent and damages suffered by reason of the tenant’s… | S.C. Code § 27-40-410(a); S.C. Code § 27-40-510(2), (6) |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | S.C. Code Ann. § 27-40-410 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | S.C. Code Ann. § 27-40-410 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | S.C. Code Ann. § 27-40-410 |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | S.C. Code Ann. § 27-40-410 |
| Unpaid rent and fees | Yes | Property or money held as security must be returned less amounts withheld for accrued rent and damages from the tenant’s noncompliance with § 27-40-510. | S.C. Code § 27-40-410(a) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in South Carolina hears claims up to $7,500. You can ask for up to $7,500 there, or file for the full amount in Magistrate Court (concurrent with circuit court for landlord-tenant claims under chapter). Check the court and fees.
The state record lists a 3-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Greenville County | Greenville County Magistrate Courts - Civil Claims, Greenville County summary-court locations | $7,500 (magistrate court (statewide civil jurisdiction commonly used) only) | Statewide filing fee: $80 total ($45 filing fee + $10 service fee + $25 statutory fee) | No | Official court website Court page check not recorded |
| Richland County | Richland County Magistrate Court - Small Claims, Columbia | $7,500 (magistrate court (statewide civil jurisdiction commonly used) only) | Statewide filing fee: $80 total ($45 filing fee + $10 service fee + $25 statutory fee) | No | Official court website Court page check not recorded |
| Charleston County | Charleston County Magistrate Courts - Small Claims, Charleston County magistrate locations | $7,500 (magistrate court (statewide civil jurisdiction commonly used) only) | Statewide filing fee: $80 total ($45 filing fee + $10 service fee + $25 statutory fee) | No | Official court website Court page check not recorded |
See all 46 county small claims courts and filing fees
What happens if the landlord misses the deadline?
tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld, plus reasonable attorney's fees Keep statutory damages separate from the deposit and other actual damages.
South Carolina is one of 36 states where the law sets a multiple of the deposit.
With a deposit of $985 (median county rent), a claim for the deposit plus the maximum penalty is $3,940; fits under the $7,500 small claims limit.
How does South Carolina's deadline compare with other states?
South Carolina's return deadline is 30 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| South Carolina | 30 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the South Carolina deadline?
Use the questions above to match your dates to S.C. Code Ann. § 27-40-410, and keep proof of each date.
What is the small claims limit in South Carolina?
See the applicable court limits and jurisdictions in the state court guide. South Carolina court guide
City data on this page currently includes Charleston, Columbia, North Charleston, Mount Pleasant, Rock Hill, Greenville, Summerville, Goose Creek.
Tenant resources
- South Carolina Legal Serviceslegal aid
- South Carolina Appleseed Legal Justice Center - landlord-tenant guidelegal aid in Columbia
- South Carolina Department of Consumer Affairs - consumer complaintsag consumer
- South Carolina Judicial rule - Magistrate Court FAQcourt self help
- Richland County Magistrate Court - small claims helpcourt self help in Columbia
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent.
What this means
Sources
- https://www.scstatehouse.gov/code/t27c040.php · accessed 2026-07-14
- https://www.scjustice.org/brochure/landlord-tenant-law-south-carolina/ · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6