Security Deposit Demand Letter — South Carolina

SECURITY DEPOSIT DEMAND LETTER

STATE OF SOUTH CAROLINA

South Carolina Residential Landlord and Tenant Act — S.C. Code Ann. § 27-40-410

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[__/__/____]

[________________________________]
[________________________________]
[________________________________]

Re: DEMAND FOR RETURN OF SECURITY DEPOSIT — TREBLE DAMAGES NOTICE
Former Tenant: [________________________________]
Rental Property: [________________________________]
Tenancy Period: [__/__/____] through [__/__/____]
Security Deposit Paid: $[____]
Date of Move-Out/Possession Surrender: [__/__/____]
Days Elapsed Since Move-Out: [____] days

Dear [________________________________]:

This law firm represents [________________________________] ("Tenant") in connection with your failure to return the security deposit for the above-referenced rental property in violation of the South Carolina Residential Landlord and Tenant Act ("RLTA"), S.C. Code Ann. §§ 27-40-10 et seq. This letter constitutes formal demand for return of the security deposit and, if applicable, treble damages and attorney's fees under S.C. Code Ann. § 27-40-410(b).

I. SOUTH CAROLINA LEGAL FRAMEWORK

A. Governing Statute

Security deposits in South Carolina are exclusively governed by S.C. Code Ann. § 27-40-410, part of the South Carolina Residential Landlord and Tenant Act (RLTA). The RLTA applies to all residential tenancies in South Carolina except:

• Occupancy in a hotel, motel, or similar transient lodging;
• Occupancy in a structure or premises used primarily for agricultural purposes (S.C. Code Ann. § 27-40-120);
• Occupancy by a member of a fraternal or social organization.

This tenancy does not fall within any exemption and is fully covered by the RLTA.

B. 30-Day Return Deadline — S.C. Code Ann. § 27-40-410(a)

Under S.C. Code Ann. § 27-40-410(a), a landlord must return the security deposit within thirty (30) days after:

1. Termination of the tenancy; AND
2. Delivery of possession by the tenant (surrender of keys/access).

The landlord must either return the full deposit OR deliver an itemized written statement of deductions along with any balance remaining. Mere silence or failure to respond constitutes a violation of the statute.

C. Permissible Deductions — S.C. Code Ann. § 27-40-410(a)

A landlord may only deduct from a security deposit for:

1. Accrued and unpaid rent;
2. Damages to the premises that exceed reasonable wear and tear; and
3. Other actual damages sustained by the landlord due to the tenant's breach of the rental agreement.

Deductions must be documented and supported by an itemized statement delivered within the 30-day window.

D. Prohibited Deductions

South Carolina law prohibits deductions for:

• Reasonable wear and tear — deterioration from ordinary, intended use of the premises;
• Pre-existing conditions not caused by the tenant, as shown by move-in photographs or other evidence;
• Conditions arising from landlord's failure to maintain the premises under S.C. Code Ann. § 27-40-440;
• Cleaning costs where the premises were left in a reasonably clean condition.

E. Move-In Condition Evidence

Any move-in statement, photographs, inspection report, or dated correspondence concerning the premises' initial condition should be compared with the landlord's proposed deductions. Section 27-40-220 concerns good faith, not a mandatory move-in statement.

F. No Statewide Deposit Cap

South Carolina imposes no statutory limit on the amount a landlord may collect as a security deposit. However, the entire deposit amount is subject to the § 27-40-410 return obligations regardless of size.

G. No Separate Account or Interest Requirement

South Carolina does not require landlords to hold deposits in a separate escrow account or to pay interest on deposits held.

II. SOUTH CAROLINA'S TREBLE DAMAGES REMEDY

Under S.C. Code Ann. § 27-40-410(b), when a landlord fails to return prepaid rent or a security deposit with the notice required by subsection (a), the tenant may recover an amount equal to three times the amount wrongfully withheld plus reasonable attorney's fees. The statute does not state a separate bad-faith element for that remedy.

III. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

Notice Provided:

• Date Written Notice Given to Landlord: [__/__/____]
• Notice Period Given: [____] days
• Method of Delivery: ☐ Hand-delivered ☐ Certified mail ☐ Email

Surrender of Possession:

• Date Keys / Access Devices Returned: [__/__/____]
• Forwarding Address Provided: ☐ Yes ☐ No
• Date Forwarding Address Provided to Landlord: [__/__/____]

Move-Out Inspection:

• ☐ Tenant requested joint inspection before move-out
• ☐ Joint inspection was conducted on [__/__/____]
• ☐ Landlord refused or failed to schedule inspection
• ☐ No inspection was offered or conducted

C. Condition of Premises at Move-Out

☐ Left in good, clean condition — substantially the same as move-in, reasonable wear and tear excepted

☐ Professionally cleaned — Tenant hired [________________________________] on [__/__/____]

☐ All personal property removed — no abandonment of property

☐ No damage beyond reasonable wear and tear — any changes reflect normal use during tenancy

☐ Photographic documentation preserved — Tenant has dated photographs of move-in and move-out conditions

D. Move-In Statement

☐ Landlord provided move-in statement reflecting pre-existing conditions at start of tenancy
☐ No move-in statement available — compare dated photographs, inspection records, and correspondence to assess whether claimed damage pre-dated the tenancy

IV. LANDLORD'S STATUTORY VIOLATIONS

You have violated one or more provisions of S.C. Code Ann. § 27-40-410 as follows:

☐ Failure to Return Deposit Within 30 Days: The statutory 30-day deadline expired on [__/__/____]. No deposit has been returned as of the date of this letter. This is a per se violation of § 27-40-410(a).

☐ Failure to Provide Itemized Statement: You have failed to provide any written, itemized statement of deductions within the 30-day period, as required by § 27-40-410(a). This may support a claim under § 27-40-410(b), subject to the subsection (a) notice and address requirements.

☐ Improper Deductions: You have deducted amounts for the following, which are not permissible under South Carolina law:

• ☐ Reasonable wear and tear (expressly prohibited)
• ☐ Pre-existing conditions shown by dated photographs or other evidence
• ☐ Cleaning charges where premises were reasonably clean
• ☐ Amounts exceeding actual documented repair costs
• ☐ Other improper deductions: [________________________________]

☐ Wrongful Withholding — § 27-40-410(b): You failed to return $[________] with the required notice after the applicable deadline. Supporting facts: [________________________________]

V. SOUTH CAROLINA REASONABLE WEAR AND TEAR

South Carolina courts recognize that normal deterioration from the intended, ordinary use of residential premises does not constitute damage chargeable to a tenant. The following items, if deducted, constitute impermissible wear and tear:

☐ Minor scuff marks or nail holes from hanging pictures or mirrors
☐ Worn carpet in high-traffic areas after tenancy of [____] years
☐ Faded paint or wallpaper resulting from sunlight and age
☐ Minor scratches on hardwood floors from foot traffic and furniture
☐ Worn bathroom fixtures showing age-appropriate patina
☐ Slightly dirty or yellowed mini-blinds
☐ Worn door hardware, locks, and hinges
☐ Standard turnover cleaning after a long tenancy
☐ Other: [________________________________]

VI. DAMAGES CALCULATION AND DEMAND

A. Security Deposit and Deposits Owed

B. Treble Damages Calculation — S.C. Code Ann. § 27-40-410(b)

If the conditions of § 27-40-410(b) are met, our Client seeks an amount equal to three (3) times the amount wrongfully withheld:

C. Settlement Demand

To resolve this matter without litigation, we demand payment of $[____] within fourteen (14) days of this letter, representing:

• Return of full deposit: $[____]
• ☐ Plus partial treble damages: $[____]
• ☐ Plus attorney's fees to date: $[____]

VII. EVIDENCE IN OUR CLIENT'S POSSESSION

Our Client has preserved the following evidence:

☐ Original signed lease agreement
☐ Cancelled check or receipt for security deposit payment
☐ Move-in inspection statement (or documentation of landlord's failure to provide one)
☐ Photographs of premises at move-in (dated [__/__/____])
☐ Photographs of premises at move-out (dated [__/__/____])
☐ Video walkthrough at move-out (dated [__/__/____])
☐ Copy of written notice to vacate and proof of delivery
☐ Proof of key return / surrender of possession
☐ Written forwarding address notification to landlord
☐ Receipts for professional cleaning services
☐ All correspondence with landlord regarding the deposit
☐ Landlord's itemized statement (if any was provided)
☐ Witness statements regarding condition of premises
☐ Utility final bills confirming service through move-out date
☐ Other: [________________________________]

VIII. DEMAND FOR ACTION

We hereby demand that you take the following action within fourteen (14) days of the date of this letter:

1. Return Full Deposit: Pay to our Client the full net security deposit amount of $[____];

2. Provide Written Explanation: If you claim any legitimate deduction, provide a written, itemized statement with supporting documentation (receipts, photographs, contractor invoices).

Payment must be made by certified check, cashier's check, or money order payable to [________________________________] and sent to:

[________________________________]
[________________________________]
[________________________________]

Reference: [________________________________] — Security Deposit Return

IX. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the stated time period, we are prepared and authorized to:

1. Evaluate South Carolina Magistrate's Court — S.C. Code Ann. § 22-3-10(1)-(2) gives concurrent jurisdiction over its specified contract-money or injury-to-rights claims only when the sum or damages claimed do not exceed $7,500. Confirm the pleaded claim category, total amount claimed, territorial jurisdiction, venue, current court form, and current filing fee separately; § 22-3-10 does not supply a property-county venue rule or a no-fee threshold.

2. Evaluate South Carolina Circuit Court — use current jurisdiction and venue authority when the claim falls outside a magistrate category or exceeds its applicable monetary ceiling. Classify statutory damages, fees, and costs under current law before selecting the court.

3. Demand Treble Damages — formally request three (3) times the wrongfully withheld amount plus attorney's fees under S.C. Code Ann. § 27-40-410(b) if the statutory conditions are met.

4. Report to the South Carolina Department of Consumer Affairs — 2801 Devine Street, Columbia, SC 29205 (consumer.sc.gov).

5. Enforce Judgment — upon obtaining judgment, pursue all available collection remedies under South Carolina law, including wage garnishment, bank levy, and judgment lien on real property.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to all rights and remedies available to our Client under South Carolina law, all of which are expressly reserved. Our Client does not waive any claims or rights by sending this demand letter.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________]
South Carolina Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Attorneys for [________________________________]

ENCLOSURES:

☐ Copy of lease agreement
☐ Security deposit payment receipt
☐ Move-in condition statement (or documentation of landlord's failure to provide)
☐ Move-in / move-out photographs
☐ Notice to vacate and proof of delivery
☐ Forwarding address notification
☐ Cleaning receipts (if applicable)
☐ Authorization to represent

cc: [________________________________] (Tenant)
[________________________________] (Property Management Company, if applicable)
[________________________________] (Property Owner, if different from addressee)

SOUTH CAROLINA-SPECIFIC NOTES

Deposit Remedy: Section 27-40-410(b) provides recovery equal to three times the amount wrongfully withheld and reasonable attorney's fees when the landlord fails to return the deposit with the notice required by subsection (a). Review the deadline and forwarding-address facts before demanding that remedy.

Good Faith: Section 27-40-220 imposes an obligation of good faith in performing duties under the RLTA; it does not create a move-in-statement requirement.

Court Selection Requires Classification: Section 22-3-10 creates category-specific concurrent magistrates-court jurisdiction and a $7,500 ceiling for subdivisions (1)-(2); it does not itself establish county venue, fees, or every component included in the jurisdictional amount. Calculate and classify the pleaded recovery and confirm current venue and court procedures before filing.

No Deposit Limit — Large Deposits Are Still Covered: While SC imposes no cap on the amount of the deposit, the full deposit is subject to the 30-day return obligation. Landlords who collected unusually large deposits face proportionally larger treble damages exposure.

No Interest Obligation: Unlike states such as Connecticut and New Jersey, South Carolina landlords are not required to hold deposits in interest-bearing accounts or remit earned interest.

RLTA Agricultural Exception: Verify that the tenancy is not on agricultural land. Certain farm-worker housing and rural tenancies may fall outside RLTA coverage under § 27-40-120.

SOURCES AND REFERENCES

• S.C. Code Ann. § 27-40-10 et seq. — South Carolina Residential Landlord and Tenant Act: https://www.scstatehouse.gov/code/t27c040.php
• S.C. Code Ann. § 27-40-410 — Security deposits (return deadline, itemization, permissible deductions)
• S.C. Code Ann. § 27-40-410(b) — Wrongful withholding; three times the amount and reasonable attorney's fees
• S.C. Code Ann. § 27-40-220 — Obligation of good faith
• S.C. Code Ann. § 22-3-10 — Magistrate's Court civil jurisdiction (up to $7,500)
• South Carolina Department of Consumer Affairs — consumer.sc.gov — 2801 Devine Street, Columbia, SC 29205 — (803) 734-4200
• South Carolina Judicial Department — Magistrate's Court Self-Help Resources: https://www.sccourts.org

This template is for informational purposes only and does not constitute legal advice. Security deposit law is subject to change. Verify current statutory requirements with a licensed South Carolina attorney before use.