Overview
South Carolina is one of the states that does not impose a statutory cap on security deposit amounts. However, the state does have clear rules governing how deposits must be handled, what deductions are permissible, and when they must be returned. These rules are part of the South Carolina Residential Landlord and Tenant Act.
This guide covers everything landlords and tenants need to know about security deposits in South Carolina.
Deposit Limits
South Carolina does not set a statutory maximum on security deposit amounts:
- Landlords may charge any amount they consider appropriate
- There is no distinction between furnished and unfurnished units
- While there is no cap, the deposit should be reasonable in relation to the monthly rent
- Landlords may also collect the last month's rent in addition to the security deposit
Pet Deposits
Landlords may charge a separate pet deposit. There is no statutory limit on pet deposits. Service animals and emotional support animals are exempt from pet deposits under federal fair housing laws.
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage (not ordinary wear)
- Cleaning: Costs to restore the unit to the same level of cleanliness as at move-in
- Other lease obligations: Costs arising from breaches of the rental agreement
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight
Damage beyond normal wear and tear includes:
- Large holes in walls
- Stained or burned carpet
- Broken windows or fixtures
- Unauthorized alterations to the unit
Return Timeline
Landlords must return the security deposit within 30 days of the tenant vacating the unit and providing a forwarding address. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
If the landlord fails to return the deposit or provide the required accounting within 30 days, the landlord may forfeit the right to withhold any portion of the deposit. The tenant may then recover the full deposit amount plus reasonable attorney's fees.
The landlord must mail the deposit and statement to the tenant's forwarding address. If the tenant does not provide a forwarding address, the landlord should make reasonable efforts to contact the tenant.
cite: S.C. Code § 27-40-410(b)
Pre-Move-Out Inspection
South Carolina law does not require landlords to offer a pre-move-out inspection. However, both landlords and tenants benefit from documenting the condition of the unit at move-in and move-out. Landlords are encouraged to provide a move-in checklist and conduct a walk-through at move-out to ensure transparency.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit
- File a claim in Magistrate's Court (up to $7,500 in South Carolina)
- Contact a local tenant rights organization for assistance and guidance
If the landlord fails to return the deposit within 30 days, the tenant may recover the full deposit amount plus reasonable attorney's fees. Courts will examine whether the landlord's deductions were supported by evidence and whether proper procedures were followed.