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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37797
Experience:  Attorney over 16 years, landlord 26 years
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Does a Tenant have the right to get their security deposit

Customer Question

Does a Tenant have the right to get their security deposit without a 30 day notice (which is stated in the lease) because the found a snake in the home in the state of South Carolina. This Tenant have lived their since January.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is the tenant breaking a fixed term lease and moving out early?
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Or are they a month to month tenant and are moving out without a 30 day notice?
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thanks
Barrister
Customer: replied 2 years ago.
They are a month to month tenant and moving out without a 30 day notice
Expert:  barristerinky replied 2 years ago.
Ok, then under SC law, they are in violation of the tenancy agreement if they are not providing a 30 day notice prior to moving out. (S.C. Code Ann. § 27-40-770)
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So the landlord could hold them liable for an additional 30 days rent under a breach of contract claim and could apply the security deposit towards any rent due as long as they sent the tenant a written itemized list of any damages or delinquent rent within 30 days after the tenant moves out and surrenders possession. If the tenant doesn't provide a forwarding address, then the landlord can send the notice to the rental address addressed to the tenant.
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So to answer your question directly, no, the landlord doesn't have to refund any security deposit money if the tenant has breached the lease by not providing notice as long as he sends the itemized letter within 30 days of the tenant giving the keys back.
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thanks
Barrister