Frequently Asked Questions

The South Carolina Residential Landlord and Tenant Act explains the process that a residential landlord must adhere to when returning a security deposit to a tenant.  The landlord must do the following:

1. If there is no damage, return the entire security deposit back to the tenant at the tenant’s new mailing address within 30 days of termination of the lease or demand from the tenant.
2. If there is damage to the unit, give the tenant a written notice identifying the damage and quantifying what amount of the deposit was used to repair the damage to the dwelling unit.
3. If the damage does not exceed the amount of the deposit withheld, the remainder of the deposit must be returned to the tenant within 30 days of termination of the lease or demand from the tenant.

Example 1

Joe Renter, a residential tenant, rents a 2BR/3BA single family home for $1,000.00/month from Larry Landlord, a residential landlord, in Charleston, South Carolina.  Joe has a one-year lease that ends on July 31; he gave Larry a security deposit equal to one month’s rent, or $1,000.00 upon moving into the unit a year earlier.  Joe and Larry complete a move-out inspection on the 31st, and no new damage beyond ordinary wear and tear is revealed in the inspection.  Joe moves out on the 31st.  The next day Joe sends Larry an e-mail stating “Please send my security deposit to 555 Mary Street, Charleston, SC 29403.”  Larry does not reply to Joe’s e-mail.  September 1 arrives, and Joe has heard nothing from Larry.

Has Larry violated the Act?

The above scenario would be a violation of the Act.  Larry wrongfully withheld Joe’s security deposit.  Joe could hire an attorney and bring an action in magistrate’s court to recover his $1,000.00 from Larry.  A magistrate court judge could award Joe up to $3,000.00 and have Larry pay for Joe’s reasonable attorney’s fees.

Example 2

Joe Renter, a residential tenant, rents a 2BR/3BA single family home for $1,000.00/month from Larry Landlord, a residential landlord, in Charleston, South Carolina.  Joe has a one-year lease that ends on July 31; he gave Larry a security deposit equal to one month’s rent, or $1,000.00, upon moving into the unit a year earlier.  Joe and Larry complete a move-out inspection on the 31st, and no new damage beyond ordinary wear and tear is revealed in the inspection.  Joe moves out on the 31st.  The next day Joe sends Larry an e-mail stating “Please send my security deposit as soon as possible.  Thanks.”  Larry never hears from Joe again, and Joe does not give Larry his new address.  Larry looks at his original rental application for Joe and only sees another address of 1805 Green Street, Columbia South Carolina (Joe’s parents’ address).  Larry mails Joe a check in the amount of $1,000.00 for Joe’s security deposit to 1805 Green Street on August 15th.  Unbeknownst to Larry, Joe’s parents no longer live at 1805 Green Street.  Joe calls Larry back on September 1 and asks, “Where is my security deposit?”  Larry says, “I mailed that to you over two weeks ago.”

Has Larry violated the Act?

No.  Joe had a duty under the Act to notify Larry of his new address upon moving out of the dwelling unit.

Example 3

Joe Renter, a residential tenant, rents a 2BR/3BA single family home for $1,000.00/month from Larry Landlord, a residential landlord, in Charleston, South Carolina.  Joe has a one-year lease that ends on July 31; he gave Larry a security deposit equal to one month’s rent, or $1,000.00 upon moving into the unit a year earlier.  Joe and Larry complete a move-out inspection on the 31st, and the inspection reveals a broken window.  Joe moves out on the 31st; Larry tells Joe he will get an estimate on what it costs to fix the window and deduct the amount from Joe’s security deposit of $1,000.00.  The next day Joe sends Larry an e-mail stating “Please send the remaining portion of my deposit not used to fix the window to 555 Mary Street, Charleston, SC 29403.  Thanks.” A week later, on August 6th, Joe receives a letter from Larry.  The letter has a check for $100.  Larry includes a note stating, “The window cost $900 to fix.”  Larry provides no receipt or invoice for the work performed.  Joe thinks he has been grossly overcharged to fix the window.

Has Larry violated the Act?

Yes, most likely.  Joe should ask for an invoice from Larry.  If Larry cannot provide an invoice, Joe would be wise to receive an estimate from a local contractor on what it would cost to replace a similar window.  If a similar window costs $200.00 to fix, Joe would be wise to file a claim against Larry for an amount wrongfully withheld of $700.00 (i.e., $900.00 – $200.00 = $700.00).  Under the Act, a magistrate judge could award Joe up to $2100.00 damages (i.e., 3 x $700.00) in addition to reasonable attorney’s fees.

Conclusion

When trying to determine whether a landlord has wrongfully withheld your security deposit always ask three questions: (1) Did my landlord give me my money back within 30 days of termination of the lease or my request for a return of my security deposit? (2) If any portion of the security deposit was withheld, did my landlord provide me a written notice stating why any portion of my security deposit was withheld?, and (3) Was the landlord’s charges reasonable and/or substantiated by proper documentation?  If the answers to these questions are not a resounding “yes”, your landlord may have violated the Act.

1. A landlord must keep his rental unit in compliance with applicable building and house codes.
2. A landlord must make repairs that keep his rental unit in a fit and habitable condition.
3. A landlord must keep all common areas of the premises in a reasonably safe condition. If the premises contain more than four units, the landlord must keep the common areas in a reasonably clean condition, too.
4. A landlord must ensure his rental unit has running water, adequate heat, and reasonable amounts of hot water.
5. A landlord must keep the following in working order: (1) electrical, (2) gas, (3) plumbing, (4) sanitary, (5) heating, (6) ventilating, (7) air conditioning, and (8) other facilities and appliances, including elevators, provided by him. A tenant and landlord can come to an arrangement in the lease where the tenant can perform landlord’s duties or other specified repairs, maintenance tasks, alterations, or remodeling but only if such arrangement does not serve the purpose of landlord evading his obligations under the South Carolina Residential Landlord Tenant Act.

1. The tenant does not adhere to applicable building and housing codes materially affecting health and safety.
2. The tenant does not keep his dwelling unit in a reasonably safe and clean condition.
3. The tenant does not dispose of ashes, garbage, rubbish, or other waste in a reasonably clean or safe manner.
4. The tenant does not keep the plumbing fixtures in the dwelling unit reasonably clean.
5. The tenant does not use electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises in a reasonable manner.
6. The tenant has deliberately or negligently destroyed, defaced, damaged, impaired, or removed a part of the dwelling unit or permitted another person to do so.
7. The tenant, or his guest, has disturbed another tenant’s peaceful enjoyment of their dwelling unit.

While the list of reasons above for a landlord to withhold a security deposit is not exhaustive, it is what legislators in South Carolina adopted when passing the South Carolina Residential Landlord Tenant Act.

The South Carolina legislature created the South Carolina Residential Landlord Tenant Act (“Act”) to protect tenants from landlords who would take advantage of tenants in this manner.  The Act protects tenants by requiring landlords to return such funds to the tenant.  If a landlord were to disobey the law, a magistrate court judge could issue an award of damages to the tenant in an amount equal to three times the amount wrongfully withheld (i.e., treble damages) along with reasonable attorney’s fees.

As a tenant, you can give your landlord written notice of the issue that needs to be fixed and state that you will terminate the lease if the proper repairs are not made.  If your landlord fails to make the necessary repairs within 14 days, you can terminate your lease.  An exception would be if the repair would be unreasonable to fix within 14 days.  If your landlord starts the repairs in the 14-day window and is diligently working to complete them, the landlord would be given a reasonable amount of time to finish such repairs.

If the landlord willfully disregards his obligations regarding maintenance of his rental unit, a tenant can file a complaint in magistrate’s court seeking an injunction or recovering damages against the landlord.  In addition, a judge can order the landlord to pay for the tenant’s reasonable attorneys fees.