South Carolina · SC

Demand letters in South Carolina.

In South Carolina, landlords must return a deposit within 30 days, and the Magistrate Court hears claims up to $7,500. Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

South Carolina demand letter facts at a glance

Deposit return deadline

30 days

Small claims limit

$7,500

Filing fee

About $80

Written-contract SOL

3 years

Personal-injury SOL

3 years

Legal/judgment interest

Prime rate plus 4% (post-judgment, set annually).

Security deposit demand letters in South Carolina

If your former landlord is holding your deposit, South Carolina law is on your side. A landlord must return your security deposit within 30 days, along with an itemized statement of any deductions. Bad-faith retention can expose the landlord to up to three times the amount wrongfully withheld plus attorney’s fees.

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Statutes of limitation in South Carolina

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 3 years
Oral contracts 3 years
Personal injury 3 years
Property damage 3 years

Small claims court in South Carolina

If your demand letter is ignored, South Carolina's Magistrate Court is usually the next step. It hears claims up to $7,500, with filing fees around About $80. You typically don't need a lawyer, and mentioning that you're prepared to file gives your letter real weight.

South Carolina courts self-help

Good to know in South Carolina

South Carolina requires deposits back within 30 days, and bad-faith retention can trigger treble damages plus attorney’s fees. If a landlord rents five or more adjoining units and uses different deposit standards, special disclosure rules apply — worth flagging in a demand if relevant. Small claims runs through the Magistrate Court up to $7,500. South Carolina applies a uniform three-year statute of limitations, so calendar your deadline carefully.

South Carolina demand letter FAQ

How long does a landlord have to return a security deposit in South Carolina?
In South Carolina, a landlord generally must return your security deposit within 30 days. Bad-faith retention can expose the landlord to up to three times the amount wrongfully withheld plus attorney’s fees. The governing statute is S.C. Code § 27-40-410.
What is the small claims court limit in South Carolina?
South Carolina's Magistrate Court hears claims up to $7,500, with filing fees of roughly About $80. Most demand-letter disputes fall within this limit, which is what makes a demand letter such effective leverage.
How long do I have to sue in South Carolina?
South Carolina's statute of limitations is 3 years for written contracts, 3 years for oral contracts, 3 years for personal injury, and 3 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in South Carolina?
South Carolina does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Magistrate Court.

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