SECURITY DEPOSIT DEMAND LETTER
STATE OF SOUTH CAROLINA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with South Carolina law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. SOUTH CAROLINA LEGAL FRAMEWORK
A. Governing Law
Security deposits in South Carolina are governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Section 27-40-410.
B. Security Deposit Limits
South Carolina law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to S.C. Code Section 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
The deposit must be returned with an itemized statement of any deductions for damages.
D. Separate Account Requirement
South Carolina law does not require landlords to hold security deposits in a separate account or pay interest on the deposit.
E. Permissible Deductions
Under S.C. Code Section 27-40-410(a), a landlord may retain from the security deposit only amounts necessary for:
- Accrued rent
- Damages beyond reasonable wear and tear
- Other actual damages sustained by landlord
F. Prohibited Deductions
The landlord may NOT deduct for:
- Reasonable wear and tear
- Pre-existing conditions
- Conditions resulting from landlord's failure to maintain premises
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond reasonable wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated South Carolina law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under S.C. Code Section 27-40-410(a).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for reasonable wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, entitling our Client to treble damages under S.C. Code Section 27-40-420.
IV. REASONABLE WEAR AND TEAR
South Carolina law distinguishes between "damage" for which a tenant may be charged and "reasonable wear and tear" for which a tenant may not be charged. Reasonable wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute reasonable wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under S.C. Code Section 27-40-420, if a landlord acts in bad faith:
- The tenant may recover actual damages plus up to three times the security deposit
- The tenant may recover reasonable attorney's fees
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Treble Damages (if bad faith) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in South Carolina Magistrates Court (for claims up to $7,500) or Circuit Court for return of the deposit, treble damages, attorney's fees, and costs.
-
Seek Treble Damages: If your retention is found to be in bad faith, request damages up to three times the deposit pursuant to S.C. Code Section 27-40-420.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees.
-
Report Violations: Report your conduct to:
- South Carolina Department of Consumer Affairs
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[SOUTH CAROLINA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
SOUTH CAROLINA SECURITY DEPOSIT QUICK REFERENCE
| Element | South Carolina Requirement |
|---|---|
| Governing Statute | S.C. Code Section 27-40-410 |
| Deposit Limit | No statutory limit |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Up to 3x deposit + actual damages (bad faith) |
| Attorney's Fees | Yes - S.C. Code Section 27-40-420 |
| Small Claims Limit | $7,500 |
SOUTH CAROLINA-SPECIFIC PRACTICE NOTES
[ ] Treble Damages: South Carolina provides for up to three times the deposit for bad faith retention - one of the stronger penalties available.
[ ] Bad Faith Standard: Enhanced damages require proving bad faith. Document all evidence of intentional wrongful withholding.
[ ] No Deposit Limit: South Carolina has no statutory cap on security deposits. However, unreasonable deposits may be challenged.
[ ] Itemized Statement: The landlord must provide an itemized list of deductions within 30 days.
[ ] Magistrates Court: For claims up to $7,500, file in South Carolina Magistrates Court (equivalent to small claims).
[ ] Move-In Checklist: South Carolina requires landlords to provide a written statement of existing damage at move-in.
[ ] Tenant Rights Notice: Landlords must provide written notice of tenant rights under the Act at the beginning of tenancy.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed South Carolina attorney before use.