Quick Answer
Under S.C. Code Ann. § 27-40-410, you return a residential security deposit, less lawful deductions for unpaid rent and for damage the tenant caused through nonadherence with the lease or the law, within 30 days after the later of the end of the tenancy and delivery of possession, or after the tenant’s demand. Deductions go in a written itemized notice with any amount due. Statute text last checked October 22, 2026.
Key Takeaways
- The clock is 30 days. It runs from the later of termination of the tenancy and delivery of possession, or from the tenant’s demand.
- Itemize in writing. Send a written notice that lists each deduction, with any balance due.
- Deductions are limited. Unpaid rent and damage caused by the tenant’s nonadherence are the listed grounds.
- Missing the notice has a cost. A tenant may recover three times the amount wrongfully withheld, plus reasonable attorney’s fees.
- Get a forwarding address. Ask for one at move-out and keep the request in writing.
1. When the 30 Days Begin
The statute counts from the later of two events: the tenancy ending and possession being delivered back to you. Write both dates in the file. If the tenant makes a demand after those events, the statute also counts from the demand. A move-out checklist with the date and the tenant’s signature, or a note that keys were returned, gives you the start date as a fact and not a recollection.
2. What You May Deduct
Section 27-40-410 allows deductions for unpaid rent and for damage to the unit that the tenant caused through nonadherence. Ordinary wear from reasonable use is not damage the tenant caused through nonadherence, so keep the move-in and move-out condition records side by side. Photographs with dates, and a short written description for each deduction, make the itemization easy to read.
3. The Written Itemization
The notice should list each deduction as its own line with a dollar figure and a short reason, then show the deposit held, the total deducted, and the balance returned or owed. Send it with the refund, if any. Keep a copy and note how you sent it.
4. Forwarding Address
The statute expects the tenant to provide a forwarding address. Ask for it in writing at move-out. If none is given, keep the dated request and the mailing you made to the last known address.
5. If the Notice Is Missed
If you do not send the required notice and return the money, the tenant may recover three times the amount wrongfully withheld and reasonable attorney’s fees. The statute is the source for that remedy, so treat the 30-day date as a firm internal deadline and set a calendar reminder at day 20.
6. Landlords With More Than Four Adjoining Units
If you rent more than four adjoining units and use different deposit standards for different units, the statute requires you to disclose the standards. Without disclosure, the difference is not subject to damage deductions. Most small owners will not need this paragraph, but it matters if you add buildings.
7. A Checklist
- Record the date the tenancy ended and the date possession was delivered.
- Run a move-out inspection and compare it to the move-in record.
- Photograph every condition you plan to charge for.
- Prepare a line-by-line written itemization.
- Send it with any refund inside 30 days and keep proof of mailing.
8. What This Guide Does Not Cover
This guide covers deposit return and itemization under § 27-40-410. It does not cover prepaid rent in detail, small-claims procedure, or the facts of an individual dispute. It states the statute and does not predict how a court will rule.
9. Questions Owners Ask
Does South Carolina cap the deposit amount? This guide does not address a cap. Check the statute text and your lease before you set an amount.
Can I keep the whole deposit for cleaning? Only to the extent the cost is a deduction the statute allows, and you itemize it in writing.
What if the tenant never gives a forwarding address? Keep your written request and mail the notice to the last known address, and record the date.