Full question:
I am thinking of moving to South Carolina from New York. We have a maximum prescribed security deposit amount in New York that a landlord may charge his prospective tenant. Does the tenancy law in South Carolina prescribe the same? Also, at the expiry of the lease, how long does the landlord have to return the deposit?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: South Carolina
Answer:
Unlike the tenancy laws in New York, the tenancy laws in South Carolina does not have a limit over the maximum security deposit that can be demanded by the landlord from the tenant. Although there's no statutory limit on security deposits at the state level, but one might want to check the city and county laws to see if they have set a cap on security deposits for residential rentals.Per the tenancy laws in South Carolina, a landlord must return the tenant's security deposit within 30 days after the tenant has moved out. This is enumerated in S.C. Code Ann.
§ 27-40-410 subsection (a) which reads:
“(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.
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
