How long does my landlord have to refund my security deposit?

Full question:

I moved out of my rental unit in Charleston, South Carolina 25 days back. I am yet to hear from my landlord regarding the refund of security deposit . How long does he have before he runs out of time per the tenancy law? What happens if he doesn’t pay up within the time limit?

  • Category: Landlord Tenant
  • Subcategory: Security Deposit
  • Date:
  • State: South Carolina

Answer:

In South Carolina, landlords must return the security deposit within thirty days after a tenant vacates. If there are any deductions from the deposit, the landlord must provide a written notice itemizing these deductions along with the amount due, if any, within this same thirty-day period.

If the landlord fails to meet this deadline, the tenant can recover three times the amount wrongfully withheld, plus reasonable attorney's fees. This is outlined in S.C. Code Ann. § 27-40-410.

It's important for tenants to provide landlords with a forwarding address to receive any notices or amounts due. If a tenant does not provide this address, they may not be entitled to damages if the landlord sends the notice to the last known address.

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.

FAQs

In North Carolina, landlords can charge tenants for damages within 30 days after the tenant vacates the rental unit. They must provide an itemized list of any deductions from the security deposit, including damages, within this timeframe. If the landlord fails to provide this notice, they may forfeit their right to withhold any part of the security deposit. It's important for tenants to document the condition of the rental unit when moving out to avoid disputes over damages.