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South Carolina landlord rules: deposits, notices and the eviction steps

The deposit rules, notice periods, eviction case and small claims limit for South Carolina, each from the state's own pages or courts.

Quick answer. Security deposit return deadline in South Carolina: Within 30 days after the tenancy ends, possession is delivered and the tenant asks, or 30 days after the tenant's demand if later (27-40-410(a)). Deposit limit: No maximum in 27-40-410.

Sources checked:

Quick answer. South Carolina: no deposit cap in the law read; deposit returned within 30 days; 30-day notice to end month-to-month; 5-day notice for unpaid rent; 24-hour entry notice; $7,500 small claims limit. 15 of 23 items are confirmed on official pages; 8 are marked not confirmed, with the page to check.

Key numbers

Deposit limit
No cap in the law read
Deposit back within
30 days
Month-to-month notice (landlord)
30 days
Unpaid rent notice
5 days
Entry notice
24 hours
Time to answer or appear
10 days
Judgment to writ
Up to 5 days
Writ to lockout
24 hours
Small claims limit
$7,500

Security deposit (4 of 6 confirmed)

Law read: S.C. Code 27-40-410.

More: Security deposit rules by state · Deposit return deadline calculator

Notice periods (6 of 6 confirmed)

What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.

NoticeRuleSource
Ending month-to-month (landlord)Written notice at least 30 days before the termination date in the notice (7 days for week-to-week). Either side may give it.

Source: South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act), checked November 2026 (S.C. Code 27-40-770(b))

Ending month-to-month (tenant)Written notice at least 30 days before the termination date in the notice (7 days for week-to-week). Either side may give it.

Source: South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act), checked November 2026 (S.C. Code 27-40-770(b))

Rent increase noticeChapter 40 sets no notice period for rent increases (27-40-910 covers retaliation only).

Source: South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act), checked November 2026

Unpaid rent noticeIf rent stays unpaid five days from the date due, after written notice of nonpayment and intent to terminate. A lease clause in the statute's words can serve as that notice. The count runs from the due date.

Source: South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act), checked November 2026 (S.C. Code 27-40-710(B))

Entry noticeAt least 24 hours' notice and reasonable times; scheduled services 9 a.m. to 6 p.m. and tenant-requested services 8 a.m. to 8 p.m., announced first.

Source: South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act), checked November 2026 (S.C. Code 27-40-530)

Late fee limitsChapter 40 sets no late fee limit (late charges are only part of the definition of rent).

Source: South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act), checked November 2026

More: Notice periods by state · Notice date calculator

Eviction case, in order (4 of 10 confirmed)

  1. Notice before filing The written notice comes first; its length is in the notice table above.

    Unpaid rent: If rent stays unpaid five days from the date due, after written notice of nonpayment and intent to terminate. A lease clause in the statute's words can serve as that notice. The count runs from the due date.

  2. Filing the case Where the case goes and what it costs to start.
  3. The tenant's answer or appearance
  4. Hearing or trial
  5. Judgment and the writ The order that lets the officer act.
  6. Lockout Carried out by an officer, not by either side.
  7. Along the way Paying to stop the case, counsel and diversion programs.

The rule to vacate is issued by a magistrate. Rent keeps accruing while the tenant stays, and accepting rent doesn't waive the landlord's right to ejectment (27-37-150).

Example: a case filed Monday, March 1, 2027

The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.

StageEarliest date
Case filedMonday, March 1, 2027
Answer due (if served the day of filing)Thursday, March 11, 2027

More: Eviction process timeline by state · Eviction timeline estimator

Deposit disputes: small claims

  • ConfirmedSmall claims limit (for a deposit dispute)

    $7,500: the most a small claims case can ask for.

    S.C. Code 22-3-10 (2024 Code of Laws): magistrates have civil jurisdiction where the sum claimed does not exceed $7,500 (contract actions for money, damages, fraud in sale of personal property, counterclaims). Counterclaims exceeding the limit transfer the case to the court of common pleas (22-3-30). No jurisdiction where the State is a party (limited exception) or title to real property is in question (22-3-20).

    Filing fee to start a case: $25.

    Source: S.C. Code of Laws Title 22 Chapter 3 (2024 archive), checked November 2026

More: Small claims court limits by state

Still to confirm

South Carolina kit

South Carolina Landlord Compliance Kit

This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the South Carolina return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.

Get the kit, $19

Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)

General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.

Common questions

How much can a security deposit be in South Carolina?

No maximum in 27-40-410.

How long does a South Carolina landlord have to return a deposit?

Within 30 days after the tenancy ends, possession is delivered and the tenant asks, or 30 days after the tenant's demand if later (27-40-410(a)). What goes with it: Deductions itemized in a written notice with the amount due (27-40-410(a)). The tenant gives a forwarding address in writing.

How much notice ends a month-to-month tenancy in South Carolina?

From the landlord: Written notice at least 30 days before the termination date in the notice (7 days for week-to-week). Either side may give it. From the tenant: Written notice at least 30 days before the termination date in the notice (7 days for week-to-week). Either side may give it.

What notice comes before an unpaid-rent case in South Carolina?

If rent stays unpaid five days from the date due, after written notice of nonpayment and intent to terminate. A lease clause in the statute's words can serve as that notice. The count runs from the due date.

How much notice before a landlord enters a rental in South Carolina?

At least 24 hours' notice and reasonable times; scheduled services 9 a.m. to 6 p.m. and tenant-requested services 8 a.m. to 8 p.m., announced first.

How long does an eviction case take in South Carolina?

Time to answer or appear: 10 days. Judgment to writ: Up to 5 days. Writ to lockout: 24 hours. These are the stated rules; the court's calendar often takes longer.

Can a South Carolina deposit dispute go to small claims court?

The small claims limit in our data: $7,500: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.

Related: Landlord rules by state · Kits for landlords

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