S.C. Code Ann. § 27-40-410
Security deposits; prepaid rent
Operative Text
(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. (c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510. (d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise. (e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
Under S.C. Code Ann. § 27-40-410, when a tenancy ends, a landlord must return the tenant's security deposit—minus any lawfully withheld amounts for unpaid rent or damages—along with an itemized written statement of deductions, all within thirty days of the later of termination, return of possession, or the tenant's demand. Tenants are required to provide a forwarding address in writing; failure to do so can limit their ability to claim damages if the landlord had no knowledge of their whereabouts and mailed the notice to the last known address. Landlords who rent more than four adjoining units and apply different deposit standards must publicly post or individually disclose those standards before a rental agreement is signed.
Plain English — not legal advice.
Operators subject to S.C. Code Ann. § 27-40-410 generally maintain clear records of any deductions from security deposits and send tenants an itemized written notice—along with any remaining balance—within thirty days of the later of lease termination, return of possession, or the tenant's demand. When managing more than four adjoining units with varying deposit schedules, compliant operators post or distribute a written statement of deposit-calculation standards before any rental agreement is finalized. Keeping documentation of the tenant's forwarding address, mailing records, and itemized deduction calculations supports a defensible paper trail under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 27-40-410 gives tenants the right to receive their security deposit back, along with an itemized list of any deductions, within thirty days of the later of move-out, return of possession, or a written demand—making it important to provide a written forwarding address to the landlord at or before departure. If a landlord fails to return the deposit or provide the required notice, this provision allows tenants to seek recovery of up to three times the wrongfully withheld amount plus reasonable attorney's fees. Tenants who believe their rights under § 27-40-410 have been violated may consider filing a complaint with a local magistrate court, consulting a tenant-rights organization, or exploring other remedies available under South Carolina's Residential Landlord and Tenant Act.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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