Security deposit not returned in South Carolina: what to do

Checked against official sources: Oct 24, 2026

In South Carolina:

Landlord's deadline to return the deposit or send an itemized list
30 days from move-out
Penalty if the landlord doesn't follow the rules
Three times the amount wrongfully withheld, plus reasonable attorney fees.
Do this now
Collect your lease, move-in checklist or photos, rent receipts and any messages about the deposit.

Get your letter ↓ Make this letter for South Carolina →

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. It all happens in your browser. Nothing is sent, and the page address holds only your answers.

Your plan for South Carolina

Do now

  1. Give the landlord your forwarding address in writing (email or letter) and keep a copy.

    Why: In some states the return deadline, the refund notice or the penalty depends on having your address (for example, Kentucky and Tennessee let the landlord keep an unclaimed refund 60 days after a notice to your last known address).

  2. Take dated photos and video of every room, inside appliances and closets, and return all keys.

    Why: Proof of the condition at move-out is the main evidence if the landlord claims damage.

  3. Find your state's return deadline (or, in states with no fixed number of days, the rule that applies) and whether an itemized list is required on tenantrightsmap.com.

    Landlord's deadline to return the deposit or send an itemized list

    South Carolina: 30 days from move-out

    Why: The deadline and the penalty for missing it differ by state.

  4. If you got only part of the money with no list, count the days since you moved out and compare them with your state's deadline and list rule.

    South Carolina: 30 days from move-out

    Why: Nearly every state requires a written list of deductions; your state page says what yours requires and what happens if it is missing.

  5. If you got nothing at all, count the days since you moved out and compare them with your state's deadline.

    South Carolina: 30 days from move-out

    Why: Your state page says what happens when the landlord misses the deadline or sends no list (in some states the landlord loses the right to keep any of it).

  6. Collect your lease, move-in checklist or photos, rent receipts and any messages about the deposit.

    Why: You will need them for the letter and, if needed, court.

This week

  1. If the deadline has passed or you disagree with deductions, send a written demand letter asking for the money by a set date (for example 10-14 days).

    Why: A clear written demand gives the landlord a chance to pay and is evidence for court; some small claims courts expect you to ask first (your state's small claims page says if a demand is required).

  2. For each deduction you dispute, explain why it is normal wear and tear or was already there at move-in, and attach photos.

    Why: Landlords generally can't charge for normal wear and tear; your state page lists what can be deducted.

  3. Keep proof you sent the letter (certified mail receipt, email).

    Why: You may need to show the court when the landlord was told.

If it's not resolved

  1. If you don't get paid, you can file in small claims court in the county where the rental is. Check your state's limit and fee on smallclaimsmap.com.

    Why: Small claims is designed for people without lawyers; deposit cases are common there.

  2. Ask for the penalty your state allows (for example, a multiple of the deposit) if the landlord acted in bad faith or missed the deadline.

    Why: Some states add a penalty on top of the deposit; your state's security deposit page says if yours does and how much.

  3. Bring the lease, photos, letters and proof of mailing to the hearing.

    Why: The judge decides on documents and photos.

  4. If you win and the landlord still doesn't pay, use the court's collection tools.

    Why: A judgment is not automatic payment.

Deadlines

Landlord's deadline to return the deposit or send an itemized list

General rule: see state; Kentucky and Tennessee set no number of days (your state page explains the rule there)

In South Carolina:

Deadline
30 days
The rule
Within 30 days after the later of: the tenancy ends and you give back possession, or you ask for the deposit. Give the landlord your forwarding address in writing. If you don't, you lose the right to the extra (triple) damages if the landlord had no other way to know where you went and mailed the notice and refund to your last known address.

Law: S.C. Code § 27-40-410 · checked Oct 2026 · Official source · From Tenant Rights Map: South Carolina

Last day to sue in court (statute of limitations)

General rule: see state; at least 3 years for a written lease or agreement in every state, and the same or less for an oral one

In South Carolina:

Written contract
3 years
Verbal agreement
3 years

checked Oct 2026 · From Small Claims Map: South Carolina

Key facts for South Carolina

Tenant Rights Map

Deadline to return a deposit
30 days
Security deposit limit
No statewide limit
Notice before an eviction case for unpaid rent
5 days
Notice before the landlord enters
24 hours

Tenant Rights Map: South Carolina · checked Oct 2026

Small Claims Map

Most you can sue for
$7,500
Court
Magistrate Court
Filing fee
$80
Lawyers
Optional

Small Claims Map: South Carolina

Documents to gather

  • Lease
  • Move-in checklist or move-in photos
  • Move-out photos and video (dated)
  • Proof you returned the keys and the move-out date
  • Written forwarding address and proof it was sent
  • Any list of deductions and repair invoices
  • Rent receipts or bank records
  • Messages with the landlord

Letters you can send

Fill in the boxes; the letter updates as you type. When every box is filled, download it as a PDF.

Demand for return of security deposit

Ask for the deposit (or the disputed part) by a date, in writing.

[Today's date]

[Landlord name]
[Their mailing address]

Dear [Landlord name],

I moved out of [Rental address] on [Move out date] and returned the keys. I paid a security deposit of [Deposit amount]. To date I have received [Amount returned]. [Your state's rule (optional)]

Please send the remaining amount, or a written itemized list of any deductions, to [Where should they send your money? (your new address)] by [Deadline date]. If I do not receive it, I plan to file a claim in small claims court.

Sincerely,
[Your name]

By downloading, you agree that we save the details you entered, as explained in our Privacy Policy.

Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.

Where to go

Costs

Small claims filing fees are set by each state (often about $30 to $100, plus a fee to serve the papers). Most states let you ask the court to waive fees if you can't afford them. See your state page on smallclaimsmap.com.

Talk to a lawyer if

  • The landlord sues you for damages that are more than the deposit
  • The amount is above your state's small claims limit
  • The landlord says you broke the lease and owes you nothing
  • Many tenants in your building have the same problem

Free help

Free legal aid for renters with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help) or LawHelp.org (lawhelp.org/find-help). Your state page on tenantrightsmap.com lists state tenant help. For help paying rent or utilities, call 211 or visit 211.org. HUD's state pages (hud.gov/states) list local tenant resources.

Guides for your state

Guides for every state

Questions

Landlord's deadline to return the deposit or send an itemized list in South Carolina: what is the rule?

Deadline: 30 days The rule: Within 30 days after the later of: the tenancy ends and you give back possession, or you ask for the deposit. Give the landlord your forwarding address in writing. If you don't, you lose the right to the extra (triple) damages if the landlord had no other way to know where you went and mailed the notice and refund to your last known address. (S.C. Code § 27-40-410)

What is the last day to sue in court in South Carolina?

Written contract: 3 years Verbal agreement: 3 years

When should I talk to a lawyer?

The landlord sues you for damages that are more than the deposit; The amount is above your state's small claims limit; The landlord says you broke the lease and owes you nothing; Many tenants in your building have the same problem.

How much does it cost?

Small claims filing fees are set by each state (often about $30 to $100, plus a fee to serve the papers). Most states let you ask the court to waive fees if you can't afford them. See your state page on smallclaimsmap.com.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.