| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Costs due to a breach of the lease |
| Return Deadline | 30 Days |
| Itemized Deductions | Required |
| Penalty for Late Return | 3x Amount Due + Attorneys’ Fees |
For laws on security deposit collections and holdings in South Carolina, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in South Carolina
South Carolina allows the following deductions from a security deposit:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Costs due to a breach of the lease agreement
Most states, including South Carolina, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in South Carolina?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in South Carolina?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in South Carolina?
South Carolina landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in South Carolina?
Landlords can make deductions from the security deposit for cleaning, but only if the tenant causes damage that requires cleaning (e.g. wine stains on the carpet).
Can the Landlord Charge for Painting in South Carolina?
South Carolina landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in South Carolina
Landlords must return any remaining portion of a security deposit within 30 days after conditions have been met. If deductions are to be made from the security deposit, an itemized statement of deductions must be provided.
If the rental unit is damaged by a major event (e.g. fire) that is the tenant’s fault, the landlord is not required to return the security deposit. However, the landlord is still required to provide written notice to the tenant with a statement of deductions.
How Long Do Landlords Have to Return Security Deposits in South Carolina?
South Carolina landlords have 30 days to return any remaining portion of a security deposit. The period starts when one of the following events occurs, whichever is later:
- The lease term ends and the tenant vacates the rental unit
- The tenant requests the return of the security deposit in writing
Do Landlords Owe Interest on Security Deposits in South Carolina?
South Carolina law does not require landlords to provide interest on held security deposits.
How Do Landlords Give Notice in South Carolina?
If deductions are to be made from the security deposit, an itemized statement of deductions must be hand-delivered or sent by registered or certified mail to the tenant’s forwarding address.
The tenant is not entitled to damages in a lawsuit if all of the following occur:
- The tenant does not provide a forwarding address
- The landlord is unaware of the tenant’s whereabouts
- The landlord attempts to return the security deposit to the tenant’s last known address
Can a Security Deposit Be Used for Last Month’s Rent in South Carolina?
South Carolina law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in South Carolina
If landlords do not return the security deposit or provide an itemized statement of deductions, if any, within the required time period, tenants can file for damages in court up to three times the amount wrongfully withheld plus reasonable attorneys’ fees.
Tenants can also take legal action against a landlord for unreasonable deductions.
How Can Tenants File a Dispute for a Security Deposit in South Carolina?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in Small Claims Court. In South Carolina, tenants can file a case in Small Claims Court if the amount of damages is less than $7,500. If the amount is greater, the tenant must file in District Court.
A small claims case regarding the return of a security deposit must be filed within 3 years.
Cases are filed in the Small Claims Court where the rental property is located or where the defendant lives. An attorney is not required but permitted.
Sources
- 1 S.C. Code § 27-40-410(a)
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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.
Source Link - 2 S.C. Code § 27-40-410(d)
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This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.
Source Link
- 3 S.C. Code § 27-40-650(b)
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Unless the fire or casualty was due to the tenant’s negligence or otherwise caused by the tenant, if the rental agreement is terminated, the landlord shall return security recoverable under Section 27-40-410 and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. A landlord may withhold the tenant’s security deposit or prepaid rent if the fire or casualty was due to the tenant’s negligence or otherwise caused by the tenant; however, if the landlord withholds a security deposit or prepaid rent, he must comply with the notice requirement in Section 27-40-410(a).
Source Link - 4 S.C. Code § 27-40-240(B)
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A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when:
(1) it comes to his attention; or
(2) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or
(3) in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him as the place for receipt of the communication, or in the absence of the designation, to the tenant’s last known place of residence. Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.
Source Link - 5 S.C. Code § 27-40-410(b)
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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.
Source Link
- 6 S.C. Code § 22-3-10(1) - (3)
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Magistrates have concurrent civil jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred dollars;
Source Link - 7 S.C. Code § 15-3-540(2)
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Within three years:
…
(2) An action upon a statute for a penalty or forfeiture when the action is given to the party aggrieved or to such party and the State, except when the statute imposing it prescribes a different limitation.
Source Link
