Demand Letter Lab

South Carolina Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In South Carolina, a security deposit claim is heard by the court named in the facts table; the court for your county is listed below. The comparable deposit claim limit is $7,500. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtMagistrate Court (concurrent with circuit court for landlord-tenant claims under chapter) · Court source
Listed limits and jurisdictions$7,500 (magistrate court (statewide civil jurisdiction commonly used) only)
Comparable deposit claim limit$7,500
Time limit to sue, from state data3 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing0 yes, 5 no, 41 unverified among 46 listed counties
State deposit return deadline
  • 30 calendar days after the later of (i) termination of the tenancy and delivery of possession, or (ii) demand by the tenant. Applies when: ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock).
Deposit statuteS.C. Code Ann. § 27-40-410

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 18 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

Your free letter

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Details of the return rules
South Carolina statutory deadlines
When it appliesDeadlineStarts from
ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock)30 daysafter 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.

Free South Carolina template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

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.

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the South Carolina Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

Statute says

If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

S.C. Code Ann. § 27-40-410

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in South Carolina?

Magistrate Court (concurrent with circuit court for landlord-tenant claims under chapter). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in South Carolina?

The comparable general deposit claim limit is $7,500. Check the court and claim type that applies.

What is the return deadline in South Carolina?

30 calendar days (ordinary return/itemization deadline (whichever event is later starts or completes the 30-day clock))

What's next?