Security Deposit Not Returned in South Carolina: What Can I Do?
In South Carolina, a state law called the Residential Landlord and Tenant Act sets rules for your security deposit. This page covers the return deadline, what your landlord can take out, and what you can do if your landlord does not follow them.
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In South Carolina, your security deposit is money you pay your landlord to make sure you follow your lease. Your landlord must hold onto this money for that reason and cannot use it for anything else.
✓ Sources checked September 29, 2026
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After your lease ends, your landlord must return your deposit to you. Your landlord can keep only the money this law allows, such as unpaid rent or damage you caused.
✓ Sources checked September 29, 2026
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If your landlord takes any money out of your deposit, your landlord must send you a written notice within 30 days. That notice must list each amount taken and any money you are still owed. The 30 days start after your lease ends, you move out, and you ask for your deposit back, whichever comes last.
✓ Sources checked September 29, 2026
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After you move out, give your landlord your new address in writing. Your landlord needs this address to send you the written notice about your deposit and any money owed.
✓ Sources checked September 29, 2026
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If you do not give your landlord a forwarding address in writing, you cannot collect money for a late or missing notice. That only applies if your landlord did not know where you live and mailed the notice and money owed to your last known address.
✓ Sources checked September 29, 2026
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Your landlord can take unpaid rent out of your deposit. Your landlord can also take money for damage you caused by not meeting your duties as a tenant under this law.
✓ Sources checked September 29, 2026
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One of your duties is to keep your part of the home reasonably safe and clean. Another duty is not to damage, destroy, mark up, harm, or remove any part of the home on purpose or through carelessness.
✓ Sources checked September 29, 2026
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If your landlord does not send that notice and any money owed on time, you can sue. You can get 3 times the amount your landlord kept without a legal right to it, plus reasonable payment for your lawyer. For example, 3 times $500 kept without a legal right is $1,500. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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If your landlord keeps your prepaid rent without a legal right to it, you can sue. You can get 3 times that amount, plus reasonable payment for your lawyer. For example, 3 times $500 prepaid rent kept without a legal right is $1,500. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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South Carolina's security deposit law does not stop you from asking a court for other money owed under this or another law.
✓ Sources checked September 29, 2026
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Your old landlord can sell your home in a good-faith sale (an honest sale) to a real buyer. Unless you and your landlord agreed otherwise, your old landlord still owes you your deposit under South Carolina's security deposit law. Say your old landlord gave the deposit to the new owner. Say you were also told in writing within a reasonable time after the sale. Then the new owner owes it instead.
✓ Sources checked September 29, 2026
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Unless you and your landlord agreed otherwise, your old landlord can transfer your deposit to the new owner when your home is sold. This only applies if the sale is a good-faith sale (an honest sale) to a real buyer. The new owner takes over responsibility for your deposit only if two things happen. First, your old landlord must actually transfer the deposit to the new owner. Second, you must be told about it in writing within a reasonable time.
✓ Sources checked September 29, 2026
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You can bring your deposit case to magistrate's court (South Carolina's court for smaller claims) or to circuit court. Both courts can hear deposit disputes against your landlord under this law. You do not have to pick one specific court. Either one has the power to decide your case.
✓ Sources checked September 29, 2026
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