South Carolina Security Deposit Laws & Demand Letter
South Carolina law gives your landlord 30 days to return your security deposit if no deductions are claimed, or 30 days to send a written itemization of any deductions. Miss those windows and the landlord may forfeit the right to keep any of it.
Reviewed by claude-cross-reference-with-primary-source on April 28, 2026.
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The South Carolina security deposit deadline
Under S.C. Code § 27-40-410, a South Carolina landlord has two options after a tenant vacates the rental:
- Return the full deposit within 30 days if no deductions are being claimed; or
- Send a written notice of intent to impose a claim within 30 days, identifying the amount and reasons for any deductions.
If the landlord misses both windows, they generally forfeit any right to deductions and owe the tenant the full deposit. The relevant statutory language reads:
SECTION 27-40-410. Security deposits; prepaid rent. (a) 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. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address. (b) 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.
Source: S.C. Code § 27-40-410
Damages and remedies
Triple (treble) damages on amount wrongfully withheld if landlord fails to return deposit and itemized notice within 30 days. Per § 27-40-410(b).
Attorney's fees: South Carolina law provides that the prevailing party in a deposit dispute is entitled to recover reasonable attorney's fees and court costs. This is a meaningful pressure point in your demand letter.
What to do next
- Confirm your deadline. Use the calculator above with your move-out date.
- Send a certified demand letter. A formal, statute-cited demand sent via USPS Certified Mail creates a documented record and is what most landlords respond to.
- Wait 7-14 days. If no response, send a follow-up notice escalating the demand.
- Consider small-claims court. A clean case packet (lease, photos, certified-mail receipts, statute citation) is what wins these.
Common questions
How long does my landlord have to return my security deposit in South Carolina? +
Under S.C. Code § 27-40-410, the landlord must return the deposit within 30 days of move-out if no deductions are claimed, or send a written notice of intent to impose a claim within 30 days.
What happens if my landlord misses the deadline in South Carolina? +
Triple (treble) damages on amount wrongfully withheld if landlord fails to return deposit and itemized notice within 30 days. Per § 27-40-410(b).
Can I recover attorney's fees in South Carolina? +
Yes. Under South Carolina law, the prevailing party in a security deposit action is entitled to recover reasonable attorney's fees and court costs.
Is interest required on my security deposit in South Carolina? +
South Carolina does not generally require interest on security deposits unless the rental agreement specifies otherwise.
What's the small-claims court limit in South Carolina? +
Small-claims jurisdictional limits vary. Check your county's court rules.
How long do I have to file a security deposit lawsuit in South Carolina? +
Statutes of limitations vary by state and claim type. Consult an attorney for case-specific advice.
Do I need a lawyer to send a demand letter? +
No. A demand letter is something a tenant can send on their own. Many landlords respond to a properly-formatted certified demand letter without further action. SecurityDepositBack is a self-help platform — we prepare the letter and mail it; we don't represent you legally.
What's the difference between a demand letter and small-claims court? +
A demand letter is a written request for payment, sent before any lawsuit. It's often the quickest path to resolution. If the landlord ignores the demand, the next step is filing in small-claims court. Many cases settle at the demand-letter stage, which saves you both time and filing fees.