What are the laws governing the refund of a security deposit?
In South Carolina, the laws governing the refund of a security deposit are outlined in South Carolina Code Section 27-40-410. It states that the security deposit must be returned to the tenant within thirty days of the end of the tenancy, unless the tenant has caused damage to the property beyond normal wear and tear, in which case deductions for repairs and replacements may be made. The landlord is legally obligated to notify the tenant of any deductions made to the security deposit in writing. The notification must include a detailed description of the damages, the estimated cost of repairs, evidence of the landlord’s efforts to mitigate any additional expenses, and copies of paid invoices for the repairs. The security deposit can also be used to cover unpaid rent, late fees, or any other items agreed upon in the rental agreement. However, the landlord is not allowed to keep the entire security deposit if the unpaid rent is only partially covered by the deposit. Finally, the tenant has the right to inspect the premises and confirm the deductions before the security deposit is returned. If the landlord fails to comply with any of these requirements, they may be legally liable for up to two times the security deposit amount.
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