South Carolina Security Deposit Demand Letter

Introduction

Key Things to Know

1. 1

   A security deposit demand letter is a written demand a South Carolina tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to court.

2. 2

   Any deduction must be itemized in a written notice, delivered with the amount due, within 30 days after the termination of the tenancy, delivery of possession, and demand by the tenant, whichever is later (S.C. Code Section 27-40-410(a)).

3. 3

   Because demand by the tenant is part of that trigger, a written demand for the deposit both fixes the 30-day clock and preserves your claim (S.C. Code Section 27-40-410(a)).

4. 4

   The tenant must provide the landlord in writing with a forwarding or new address; a tenant who does not may lose the damages claim if the landlord had no notice of the tenant's whereabouts and mailed the notice and amount due to the last known address (S.C. Code Section 27-40-410(a)).

5. 5

   A landlord may keep only accrued rent and the damages the landlord suffered from the tenant's noncompliance with the tenant's statutory duties (S.C. Code Section 27-40-410(a), referencing Section 27-40-510).

6. 6

   If the landlord fails to return the deposit with the notice required by subsection (a), the tenant may recover three times the amount wrongfully withheld and reasonable attorney's fees (S.C. Code Section 27-40-410(b)).

7. 7

   If the demand is ignored, a South Carolina tenant can sue in magistrates court for up to $7,500 (S.C. Code Section 22-3-10); the deadline to sue on a lease is three years (Section 15-3-530(1)).

South Carolina Requirements for Security Deposit Demand Letter

• 30-Day Itemized Return Deadline

  In South Carolina any deduction must be itemized in a written notice, delivered with the amount due, within 30 days after the termination of the tenancy, delivery of possession, and demand by the tenant, whichever is later (S.C. Code Section 27-40-410(a)). Your demand letter should state that this period has run.

• Written Demand Is Part of the Deadline Trigger

  South Carolina makes demand by the tenant one of the events that starts the 30-day clock, alongside termination of the tenancy and delivery of possession, whichever is later (S.C. Code Section 27-40-410(a)). Making a clear written demand both fixes the deadline and supports your claim.

• Provide a Forwarding Address in Writing

  A South Carolina tenant must provide the landlord in writing with a forwarding or new address for the notice and amount due; a tenant who does not may lose the damages claim if the landlord had no notice of the tenant's whereabouts and mailed to the last known address (S.C. Code Section 27-40-410(a)). Include your forwarding address in the demand.

• Itemized Written Notice of Deductions

  Any deduction from a South Carolina security deposit must be itemized by the landlord in a written notice to the tenant, delivered together with the amount due (S.C. Code Section 27-40-410(a)). Deductions that are not itemized in that notice can be disputed.

• Permitted Deductions

  A South Carolina landlord may keep only accrued rent and the damages the landlord suffered by reason of the tenant's noncompliance with the tenant's statutory duties to maintain the unit (S.C. Code Section 27-40-410(a), referencing Section 27-40-510). Charges outside these categories can be disputed.

• Treble Damages Plus Attorney's Fees

  If the landlord fails to return the deposit with the written notice required by 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 Section 27-40-410(b)). This treble-damages penalty is a strong point to raise in your demand.

• Send With Proof of Delivery

  Send the demand to the landlord's address using a trackable method such as certified mail with return receipt. Keep a copy of the letter and the delivery record; in South Carolina the demand itself is part of the deadline trigger, so proof that you sent it matters.

• Magistrates Court Limit and Deadline to Sue

  If the demand is ignored, a South Carolina tenant may sue in magistrates court, which has civil jurisdiction over contract claims for the recovery of money up to $7,500 (S.C. Code Section 22-3-10). The deadline to sue on a lease is three years (Section 15-3-530(1)), so filing promptly after the demand is the practical course.