South Carolina security deposit demand letter
A demand letter that cites S.C. Code Ann. § 27-40-410 and the 30-day deadline is the step that gets most deposits back - landlords settle when they see you know the statute. Below is a free template; the generator fills in your amounts, dates, and violations for you.
The template
Replace every [bracketed] field, print two copies, sign, and send one by certified mail with return receipt. Keep the receipt - it proves the date of your demand.
[Your name] [Your current address] [Date] [Landlord or property manager name] [Landlord's address] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: Demand for return of security deposit - [rental property address] Dear [Landlord]: I vacated the above rental property on [move-out date] and paid a security deposit of $[deposit amount]. Under S.C. Code Ann. § 27-40-410 (South Carolina Security Deposit Law), you were required to return my deposit with any lawful itemized deductions within 30 days. DEMAND I demand payment of $[amount improperly withheld], the amount improperly withheld from my deposit. Be advised that Treble damages: the tenant may recover the property and money in an amount equal to 3x the amount wrongfully withheld, plus reasonable attorney's fees (§ 27-40-410(b)) - triggered by failure to return with the required notice, no express bad-faith element.. Should this matter proceed to court, I will seek all damages the statute allows, plus court costs. Please deliver payment to the address above no later than [date 14 days from today]. If I do not receive full payment by that date, I will file suit in Magistrates Court without further notice. I have retained documentation of the property's condition, our correspondence, and this demand. Sincerely, [Your signature] Enclosures: [list your evidence - photos, lease, itemized statement]
A draft for you to review, edit, and sign - verify every citation against the current statute · not legal advice
A template can't check your case. The generator can.
The free analysis reviews each deduction against South Carolina's wear-and-tear rules, spots procedural violations (like a missed 30-day deadline), computes the statutory damages you can demand, and writes the letter with your numbers and the exact citations - ready to print and sign.
Build my case - free analysis →Make the letter stronger
- State a number, not a feeling. Demand a specific dollar amount and say how you got it. Vague letters get vague replies.
- Cite the statute by section. S.C. Code Ann. § 27-40-410 tells the landlord you'll be credible in court. Treble damages: the tenant may recover the property and money in an amount equal to 3x the amount wrongfully withheld, plus reasonable attorney's fees (§ 27-40-410(b)) - triggered by failure to return with the required notice, no express bad-faith element..
- Set a deadline and a consequence. 14 days to pay, then you file in Magistrates Court (handles claims up to $7,500). Then actually do it.
- Mention your evidence. Photos, the lease, texts. You don't need to attach everything - naming it is often enough to change the landlord's math.
Frequently asked questions
What should a South Carolina security deposit demand letter include?
Your move-out date, the deposit amount, the amount withheld, a cite to S.C. Code Ann. § 27-40-410, a specific dollar demand, a payment deadline (14 days is customary), and notice that you will file in Magistrates Court if ignored. Send it by certified mail with return receipt and keep the receipt.
Do I need a lawyer to send a demand letter in South Carolina?
No. A demand letter is a routine self-help document, and deposit disputes are exactly what small claims courts are designed to handle without lawyers. A letter that cites the statute and states a deadline is usually taken seriously on its own.
What happens if the landlord ignores the letter?
You can file in Magistrates Court (claims up to $7,500; filing fees $80 (incl. $10 service)). Your demand letter and the certified-mail receipt become evidence that you asked first - courts expect that, and it makes wrongful withholding look deliberate.
What penalties does South Carolina law allow if the withholding was wrongful?
Treble damages: the tenant may recover the property and money in an amount equal to 3x the amount wrongfully withheld, plus reasonable attorney's fees (§ 27-40-410(b)) - triggered by failure to return with the required notice, no express bad-faith element.