Most residential landlords require tenants to pay a security deposit to cover any repairs needed when the tenant moves out, or to cover the tenant’s failure to pay the last month's rent.
Laws vary from state to state, but many states have statutes that provide the maximum amount of security deposit a landlord may require for a residential lease and the costs for which the landlord may use the security deposit (cleaning, repairs, unpaid rent) following termination of the lease.
These laws also provide a specific deadline (often 30-60 days) for the landlord to return the tenant’s security deposit following termination of the lease—after deducting any amount properly withheld, as allowed by law.
In South Carolina, the Landlord and Tenant Act regulates security deposits for residential leases. Landlords may require tenants to pay a security deposit, which is typically used to cover any necessary repairs due to damage beyond normal wear and tear, cleaning costs, or unpaid rent after the tenant moves out. South Carolina law does not specify a maximum amount for security deposits, but it does require landlords to follow certain procedures when handling these funds. After the lease is terminated, the landlord has 30 days to return the security deposit to the tenant. If deductions are made for damages or other costs, the landlord must provide the tenant with an itemized list of deductions. If the landlord fails to comply with these requirements, the tenant may be entitled to recover damages from the landlord, which could include a penalty of up to three times the amount wrongfully withheld, plus attorney's fees.