--- title: "South Carolina Landlord Rules: Deposits, Notices, Evictions" description: "South Carolina landlord-tenant rules: no deposit cap in the law read, deposit returned within 30 days. Official sources linked." url: "https://mcc-solutionsnj.com/tools/south-carolina-landlord-rules" --- Free tool · South Carolina · Landlords and tenants # 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:** November 2026 **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. 16 of 23 items are confirmed on official pages; 7 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. Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - ### ConfirmedDeposit limit No maximum in 27-40-410. Source: [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 - ### ConfirmedReturn deadline 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)). Source: [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 - ### ConfirmedItemized list of deductions Deductions itemized in a written notice with the amount due (27-40-410(a)). The tenant gives a forwarding address in writing. Source: [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 - ### Not confirmedInterest on the deposit Not confirmed — check [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php). Not confirmed from official text. Check S.C. Code 27-40-410. - ### Not confirmedWhere the deposit is held Not confirmed — check [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php). Not confirmed from official text. Check S.C. Code 27-40-410. - ### ConfirmedPenalty the law states Three times the amount wrongfully withheld, plus reasonable attorney fees (27-40-410(b)). Source: [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-SC) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=SC) ## 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. | Notice | Rule | Source | | --- | --- | --- | | 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)](https://www.scstatehouse.gov/code/t27c040.php), 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)](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 (S.C. Code 27-40-770(b)) | | Rent increase notice | Chapter 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)](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 | | Unpaid rent notice | 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. | Source: [South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act)](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 (S.C. Code 27-40-710(B)) | | Entry notice | 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. | Source: [South Carolina Legislature: Code of Laws Title 27, Chapter 40 (Residential Landlord and Tenant Act)](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 (S.C. Code 27-40-530) | | Late fee limits | Chapter 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)](https://www.scstatehouse.gov/code/t27c040.php), checked November 2026 | More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-SC) · [Notice date calculator](/tools/notice-date-calculator?state=SC) ## Eviction case, in order (5 of 10 confirmed) - **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. - **Filing the case** Where the case goes and what it costs to start. #### Not confirmedCourt Not confirmed — check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php). Not confirmed on an official page we opened. - #### Not confirmedFiling fee Not confirmed — check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php). Not confirmed on an official page we opened. - **The tenant's answer or appearance** #### ConfirmedTime to answer or appear After the magistrate's rule to vacate is served, the tenant has ten days to show cause why not to be ejected.ten days after service of a copy of such rule Source: [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php), checked November 2026 - **Hearing or trial** #### Not confirmedHearing after filing Not confirmed — check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php). Not confirmed on an official page we opened. - **Judgment and the writ** The order that lets the officer act. #### ConfirmedJudgment to writ After a verdict for the landlord, the magistrate issues the writ of ejectment within five days.shall within five days issue a writ of ejectment Source: [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php), checked November 2026 - **Lockout** Carried out by an officer, not by either side. #### ConfirmedWrit to lockout The officer gives the occupants twenty-four hours to leave voluntarily.give the occupants twenty-four hours to vacate voluntarily Source: [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php), checked November 2026 - #### ConfirmedWho carries out the lockout The magistrate's constable or the county sheriff carries out the ejectment.the constable or special constable or the sheriff of the county Source: [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php), checked November 2026 - **Along the way** Paying to stop the case, counsel and diversion programs. #### Not confirmedPaying to stop the case Not confirmed — check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php). Not confirmed on an official page we opened. - #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026 - #### Not confirmedDiversion or mediation (statewide) Not confirmed — check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php). Not confirmed on an official page we opened. 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. | Stage | Earliest date | | --- | --- | | Case filed | Monday, March 1, 2027 | | Answer due (if served the day of filing) | Thursday, March 11, 2027 | More: [South Carolina eviction process](/tools/eviction-process-south-carolina) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=sc) ## 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)](https://www.scstatehouse.gov/Archives/CodeofLaws2024/t22c003.php), checked November 2026 More: [Small claims court limits by state](/tools/small-claims-court-limits-by-state) ## Still to confirm - Interest on the deposit: check [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php) - Where the deposit is held: check [South Carolina Legislature: Code Title 27, Chapter 40](https://www.scstatehouse.gov/code/t27c040.php) - Court: check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php) - Filing fee: check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php) - Hearing after filing: check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php) - Paying to stop the case: check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php) - Diversion or mediation (statewide): check [South Carolina Code of Laws, Title 27, Chapter 37 (Ejectment of Tenants)](https://www.scstatehouse.gov/code/t27c037.php) 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](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords) ## Keep rental records in order [Bookkeeping for small landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)