South Carolina Security Deposit Return: The 30-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

• Return deadline: 30 days after vacating
• Measured from: Termination of the tenancy AND delivery of possession AND demand by the tenant, whichever is later
• Penalty for late or wrongful withholding: 3x (applies automatically)
• Deposit cap: No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
• Small claims cap: $7,500

Who this covers — and who it does not

This page covers residential security deposits in South Carolina, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

• Commercial leases
• Deposits held in an escrow account or with a third party
• Disputes about damage charges in an ongoing (not ended) tenancy
• Any state other than South Carolina

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

Penalties

• A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld.

  If the landlord fails to return the deposit or provide the required written notice, the tenant may recover an amount equal to THREE times the amount wrongfully withheld, plus reasonable attorney fees. This is a strict statutory treble-damages remedy — no bad-faith finding is required.

  S.C. Code § 27-40-410(b) ↗

• The tenant may recover the landlord's attorney fees.

  Reasonable attorney fees are recoverable by statute under § 27-40-410(b), tied to the same noncompliance finding (no separate bad-faith requirement).

  S.C. Code § 27-40-410(b) ↗

Working out your own deadline

The clock does not start on the day you decided to leave. In South Carolina it starts Termination of the tenancy AND delivery of possession AND demand by the tenant, whichever is later — for most leases that is the date you hand back the keys, not the date your notice period began.

1. Find the date you vacated and returned the keys. Write it down; everything else depends on it.
2. Add 30 calendar days. Count calendar days, not business days.
3. If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
4. Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

Common landlord defences and how to answer them

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

Statute	Last verified	Source
S.C. Code § 27-40-410(a)	2026-10-15	official text ↗
S.C. Code § 27-40-410(b)	2026-10-15	official text ↗
S.C. Code § 27-40-410	2026-10-15	official text ↗

Primary reference: S.C. Code § 27-40-410 (Residential Landlord and Tenant Act). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

• You have received an eviction notice — the timeline is now court-driven
• The dispute involves discrimination, unsafe conditions or retaliation
• The amount in dispute exceeds $7,500
• Your landlord has filed anything in court already

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More South Carolina guides

South Carolina Security Deposit Rules

→ All South Carolina tenant rights topics

Common questions