South Carolina’s Residential Landlord and Tenant Act gives Greenville renters a clear deposit refund deadline and a strong penalty for landlords who ignore it. Across the Greenville, Anderson, and Greer metro area, about 112,600 of 383,800 occupied homes, or 29.3 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Greenville dataset, Table B25003). The median gross rent is $1,150 a month (Homzora Greenville dataset, Table B25064), and the median renter household earns $44,473 a year (Homzora Greenville dataset, Table B25119), so the median rent equals about 31 percent of the median renter household’s gross income.
This guide explains the deposit rules, what landlords may deduct, and how to recover money that is wrongfully withheld.
Homzora is a housing research publisher, not a law firm. This article explains the law in plain English and is not legal advice for your situation.
Quick answers
- Refund deadline: 30 days after the later of the end of the tenancy and delivery of possession, or your demand (S.C. Code § 27-40-410).
- Itemization: every deduction must be itemized in a written notice (S.C. Code § 27-40-410).
- Penalty: three times the amount wrongfully withheld plus reasonable attorney’s fees (S.C. Code § 27-40-410).
- Cap: the statute does not set a maximum deposit (S.C. Code § 27-40-410).
The 30 day rule
The landlord must return the security or rental deposit, less lawful deductions, within 30 days after the later of the termination of the tenancy and delivery of possession, or the tenant’s demand (S.C. Code § 27-40-410).
Lawful deductions
Deductions are allowed for accrued rent and for damages caused by the tenant’s failure to meet the tenant obligations in Section 27-40-510. Each deduction must be itemized in a written notice delivered to the tenant along with any amount still owed (S.C. Code § 27-40-410).
Your forwarding address matters
The tenant must give the landlord a written forwarding or new address. If you do not, and the landlord had no notice of your whereabouts and mailed the notice to your last known address, you cannot recover the statutory damages (S.C. Code § 27-40-410). Give your address in writing on move out day and keep a copy.
Triple damages for wrongful withholding
If the landlord fails to return prepaid rent or the deposit with the required notice, the tenant may recover three times the amount wrongfully withheld plus reasonable attorney’s fees (S.C. Code § 27-40-410). On a deposit equal to the metro median rent of $1,150, a landlord who wrongfully keeps $400 could owe $1,200 plus fees.
Larger complexes must disclose deposit standards
A landlord who rents more than four adjoining units and uses different deposit standards for different tenants must disclose those standards before the rental agreement is signed. If it does not, the difference between your deposit and the lowest comparable deposit cannot be applied to damage deductions (S.C. Code § 27-40-410).
When the property is sold
The deposit rules bind the holder of the landlord’s interest in the property (S.C. Code § 27-40-410). If your rental is sold, ask the new owner in writing to confirm the deposit amount it holds.
A move out plan
- Photograph every room at move in and keep the photos.
- Give written notice as your lease requires; month to month tenancies require at least 30 days.
- Clean and repair what you caused.
- Photograph every room after it is empty.
- Return all keys and get a receipt.
- Give your forwarding address in writing.
- Count 30 days from the later of move out or your written demand.
The 30 day month to month notice rule comes from Section 27-40-770 (S.C. Code § 27-40-770).
A sample demand letter
Date: 2026. To: [landlord]. Re: Deposit for [address]. My tenancy ended and I delivered possession on 2026, and I gave you my forwarding address in writing on 2026. Under S.C. Code Section 27-40-410, my deposit, less lawful deductions itemized in a written notice, was due within 30 days. [I have received neither.] [I dispute these deductions: (list).] Section 27-40-410 allows a tenant to recover three times the amount wrongfully withheld plus attorney’s fees. Please send [amount] to [address] by 2026. Sincerely, [name].
Key terms
- Security deposit: money held by the landlord to secure the tenant’s obligations.
- Itemized notice: the written list of each deduction the landlord must send.
- Wrongfully withheld: money kept without lawful basis, which triggers triple damages (S.C. Code § 27-40-410).
- Forwarding address: the written new address that protects your right to statutory damages.
Build your evidence file
Landlord and tenant disputes are usually decided by documents. Keep these together from the day you sign:
- The signed lease, every addendum, and every renewal.
- Receipts or bank records for the deposit and each rent payment.
- Dated photos and video of every room at move in and move out.
- Copies of every repair request and the landlord’s replies.
- Every notice you send or receive, with proof of delivery.
Keep copies somewhere other than your phone, such as an email to yourself, so they survive a lost device.
Before you sign your next lease
- Ask who owns and who manages the property, and get contact details in writing.
- Read the clauses on early termination, subletting, renewal, late fees, and notice before you sign.
- Confirm the deposit amount, where it will be held, and how it will be returned.
- Walk through the unit, note existing damage in writing, and keep a signed copy.
- Ask how much notice the landlord gives before a rent increase or a non renewal.
Help in Greenville
South Carolina Legal Services provides free civil legal help to eligible residents (South Carolina Legal Services). Rent, income, and tenure figures are free to download from the Homzora Greenville data library.
Questions to ask at move in
- Where will my deposit be held, and will I receive that information in writing?
- Is there a move in condition checklist, and can I add items to it?
- What cleaning standard does the lease require at move out?
- How and where will the refund be sent?
- Who should I contact about the deposit if the building is sold?
Ask these before you pay. Answers in writing are far more useful than a conversation in the leasing office.
Mistakes to avoid
- Skipping move in photos. Photos are usually the deciding evidence on what damage existed before you.
- Leaving without a final walkthrough. Attend any inspection offered, or ask for one.
- Not giving a forwarding address in writing. It is the simplest way to make sure the refund reaches you.
- Letting deadlines pass. Send a written demand promptly once the refund deadline has passed.
How to document the unit
- Take a slow video of each room, narrating what you see, on move in day and move out day.
- Photograph appliances inside and out, including the oven, refrigerator, and dishwasher.
- Photograph floors in good light, close enough to show scratches or stains.
- Photograph windows, blinds, doors, and closet interiors.
- Email the files to yourself so the timestamps are preserved in your inbox.
If you and your landlord disagree
- Ask for the itemized statement and any receipts or estimates in writing.
- Compare each charge with your move in and move out photos.
- Reply in writing, item by item, explaining which charges you accept and which you dispute.
- Propose a specific amount to settle the dispute.
- If that fails, consider small claims court, which is designed for people representing themselves.
Roommates and shared deposits
When several people share one lease and one deposit, the landlord usually refunds a single amount for the unit. Agree in writing with your roommates, before anyone moves out, who will receive the refund and how it will be divided, and who is responsible for any damage. A short written agreement prevents most disputes between roommates.
Frequently asked questions
Is there a limit on how much deposit a Greenville landlord can charge?
Section 27-40-410 does not set a maximum (S.C. Code § 27-40-410).
Can the 30 days start from my demand instead of my move out?
The deadline runs from the later of the end of the tenancy and delivery of possession, or your demand (S.C. Code § 27-40-410). Sending a written demand on move out day avoids confusion.
What if I did not give a forwarding address?
You may lose the right to statutory damages if the landlord had no notice of where you were and mailed the notice to your last known address (S.C. Code § 27-40-410). Send your address now.
Can my landlord charge for normal cleaning?
Deductions are limited to accrued rent and damages caused by the tenant’s failure to meet tenant obligations under Section 27-40-510, and each must be itemized (S.C. Code § 27-40-410). Ask for an explanation of any cleaning charge.
Does the 30 day rule cover prepaid rent too?
Yes. The section covers both the security deposit and prepaid rent, and the triple damages remedy applies when a landlord fails to return either with the required notice (S.C. Code § 27-40-410).
Sources
- Homzora Greenville dataset, Table B25003
- Homzora Greenville dataset, Table B25064
- Homzora Greenville dataset, Table B25119
- S.C. Code § 27-40-410
- S.C. Code § 27-40-770
- South Carolina Legal Services
- Homzora Greenville data library