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, the security deposit amount with the landlord needs to be refunded within 30 days after the tenant vacates. Any deduction from the security 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 lease. If the landlord violates the time limit, the tenant is entitled to recover three times the deposit amount along with reasonable attorney’s fees. These provisions can be found in S.C. Code Ann. § 27-40-410 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.
(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.
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(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.
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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.
