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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28320
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My daughter and son-in-law moved out of rental in Beaufort

Customer Question

My daughter and son-in-law moved out of rental in Beaufort SC and can't get a response from the homeowner about the return of their security deposit. What is the next step?
JA: Has any paperwork been filed?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The homeowner had until late September to pay past due taxes or the house would be sold at auction. Someone paid them but she will not respond to text messages and is blocking their phone calls.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 month ago.

In South Carolina, a landlord has 30 days from termination of tenancy to return a tenant’s security deposit.

If the landlord has made any deductions from the security deposit, he or she must also include a written itemized statement stating the reason for the deduction, the amount that has been deducted, and any additional money owed if the security deposit is not enough to cover the amount owed.

The tenant must supply the landlord with their new address in writing. The landlord must send the security deposit and the written itemized statement, if necessary, to the forwarding address that has been supplied by the tenant. If the tenant has not supplied the landlord with a new forwarding address, the landlord must send the deposit to the last known address of the tenant.

If a landlord fails to return the money owed to the tenant within this 30-day period, the tenant may be entitled to up to three times the amount that was wrongfully withheld plus attorney fees.

To recover, they would likely have to sue in small claims court, to get the deposit back and the damages, which they are entitled to.

Expert:  RealEstateAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!