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SECTION 27-40-410.
South Carolina Security deposits; prepaid rent.
When you move out in South Carolina, you should give the landlord a forwarding
address. The landlord then has 30 days to either return your
security deposit or provide a written explanation of the amount
withheld.
(a) Upon termination of the
tenancy, property or money held by the South Carolina landlord as security must be
returned less amounts withheld by the landlord for accrued rent and
damages which the landlord has suffered by reason of the tenant's
noncompliance with Section 27-40-510. Any deduction from the
security/rental deposit must be itemized by the landlord in a
written notice to the tenant together with the amount due, if any,
within thirty days after termination of the tenancy and delivery of
possession and demand by the tenant, whichever is later. The tenant
shall provide the landlord in writing with a forwarding address or
new address to which the written notice and amount due from the
landlord may be sent. If the tenant fails to provide the landlord
with the forwarding or new address, the tenant is not entitled to
damages under this subsection provided the landlord (1) had no
notice of the tenant's whereabouts and (2) mailed the written notice
and amount due, if any, to the tenant's last known address.
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(b) If the landlord fails to return
to the tenant any prepaid rent or security/rental deposit with the
notice required to be sent by the landlord pursuant to subsection
(a), the tenant may recover the property and money in an amount
equal to three times the amount wrongfully withheld and reasonable
attorney's fees.
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(c) If a landlord (1) rents more
than four adjoining dwelling units on the premises, and (2) imposes
different standards for calculating security/rental deposits
required of different tenants on the premises, then, prior to the
consummation of the rental agreement, the landlord shall either post
in a conspicuous place on the premises, or at the place at which
rental is paid a statement clearly indicating the standards by which
such security/rental deposits are calculated, or shall provide each
prospective tenant with a statement setting forth the standards. If
a landlord fails to comply with this subsection as to a tenant, the
difference between the security/rental deposit required of the
tenant and the lowest security/rental deposit required of any other
tenant of a comparable dwelling unit on the premises is not subject
to deductions for damages by reason of the tenant's noncompliance
with South Carolina Section 27-40-510
(d) This section does not preclude
the landlord or tenant from recovering other damages to which he may
be entitled under this chapter or otherwise.
(e) Subject to the provisions of
South Carolina Section 27-40-450, the holder of the landlord's interest in the
premises at the time of the termination of the tenancy is bound by
this section.
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Normal Wear and Tear and Damage:
The landlord
can use the security deposit to repair damage for which
the tenant is responsible. But the landlord cannot apply
the security deposit to normal wear and
tear.
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