South Carolina Security Deposit Deductions
In South Carolina, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied South Carolina record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | 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 noncompliance with § 27-40-510. That tenant-duty section requires the tenant to keep the dwelling unit reasonably safe and reasonably clean, and not to deliberately or negligently damage the premises. (S.C. Code § 27-40-410(a); S.C. Code § 27-40-510(2), (6)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.C. Code Ann. § 27-40-410). (S.C. Code Ann. § 27-40-410) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.C. Code Ann. § 27-40-410). (S.C. Code Ann. § 27-40-410) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.C. Code Ann. § 27-40-410). (S.C. Code Ann. § 27-40-410) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.C. Code Ann. § 27-40-410). (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)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | Any deduction must be itemized in a written notice to the tenant together with the amount due, if any, within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant must provide a forwarding address. Receipts are not required. Failure to return the deposit with the required notice allows recovery of three times the amount wrongfully withheld plus attorney’s fees. |
| Citation | S.C. Code § 27-40-410(a) - (b) |
Burden of proof
The supplied South Carolina record does not include a statutory sentence that assigns the burden of proof for a deduction.
Statute says
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
What this means
Source accessed: .
If it was deducted anyway
Use the South Carolina demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free South Carolina template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under South Carolina law (S.C. Code Ann. § 27-40-410), a landlord must return the deposit or respond in writing within [30 calendar days, see the note above] after the later of (i) termination of the tenancy and delivery of possession, or (ii) demand by the tenant.
FAQ
What security deposit deductions are allowed in South Carolina?
Only the uses in the supplied South Carolina record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a South Carolina landlord have to itemize deductions?
Yes. Any deduction must be itemized in a written notice to the tenant together with the amount due, if any, within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant must provide a forwarding address. Receipts are not required. Failure to return the deposit with the required notice allows recovery of three times the amount wrongfully withheld plus attorney’s fees.
Who has the burden of proof for a South Carolina deduction?
The supplied South Carolina record does not include a statutory sentence that assigns the burden of proof for a deduction.