Full question:
My tenant moved out a week ago from the rental unit I had leased out to him 6 months back in South Carolina. I have about 3 weeks more before I run out of the time limit to pay back the security deposit amount. I don’t have an address where I can reach my previous tenant. What do I do in this situation? How do I return the deposit amount?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: South Carolina
Answer:
In South Carolina, when a tenant moves out of the rental unit on the expiry of the lease, he is obligated to provide the landlord with a forwarding address or new address, in writing, to which the written notice and amount due from the landlord may be sent. If the tenant does not comply with this, then the landlord cannot be held liable for the delay in payment of the security deposit. 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.
