Use this security deposit guide to build a clear demand letter for Charleston.
Charleston Security Deposit Recovery: Your Complete South Carolina Guide
For Charleston tenants, the return of a security deposit often marks the final chapter of a rental relationship. Unfortunately, this chapter frequently involves disputes over wrongful deductions, delayed returns, or outright refusal to return deposits. South Carolina law provides specific protections for tenants in these situations, establishing clear deadlines and procedures that landlords must follow. Understanding these rights is essential for any Charleston renter seeking to recover their security deposit.
The Charleston rental market, from historic downtown properties to modern developments in West Ashley, North Charleston, and Mount Pleasant, encompasses a wide range of housing types and landlord practices. Whether you rented a carriage house in the French Quarter, an apartment near MUSC, or a single-family home on James Island, the same South Carolina security deposit laws apply. These laws establish the landlord's obligations regarding security deposit handling and provide remedies when landlords fail to comply.
South Carolina's security deposit statute, found at Section 27-40-410 of the South Carolina Code, establishes a 30-day deadline for landlords to return security deposits after a tenant moves out and surrenders possession. The statute also requires landlords who claim deductions to provide an itemized statement of damages. Landlords who fail to comply with these requirements may forfeit their right to retain any portion of the deposit, regardless of actual damages.
Charleston's coastal climate and historic building stock create particular challenges for security deposit disputes. Issues such as humidity-related damage, pest infestations, and wear on older building systems frequently become points of contention between landlords and tenants. Understanding what constitutes normal wear and tear versus tenant-caused damage is crucial for evaluating the legitimacy of claimed deductions.
This comprehensive guide examines South Carolina security deposit law as it applies to Charleston tenants. We will cover the legal framework governing deposits, provide step-by-step guidance for demanding return of improperly withheld deposits, explain what documentation is needed to support a claim, and identify resources available to Charleston tenants. Whether your landlord has made improper deductions, failed to return your deposit on time, or refused communication entirely, this guide will help you understand your rights and pursue recovery.
South Carolina Security Deposit Law: What Charleston Tenants Need to Know
The legal framework for security deposits in South Carolina is established primarily by Section 27-40-410 of the South Carolina Code, part of the South Carolina Residential Landlord and Tenant Act. This statute creates specific requirements for how landlords must handle security deposits and provides remedies for tenants when landlords fail to comply.
Under Section 27-40-410(a), landlords may require security deposits from tenants, but the statute imposes no maximum limit on the amount that may be required. Unlike many states that cap security deposits at one or two months' rent, South Carolina allows landlords to charge whatever amount the market will bear. However, this does not affect the landlord's obligations regarding return of the deposit at the end of tenancy.
The critical provision for most tenants is Section 27-40-410(a), which requires landlords to return security deposits within 30 days after the termination of tenancy and delivery of possession by the tenant. This deadline is absolute. The 30-day clock begins when the tenant both vacates the premises and returns the keys or otherwise surrenders possession to the landlord.
If the landlord retains any portion of the security deposit, Section 27-40-410(b) requires that the landlord provide the tenant with an itemized statement of the amounts retained and the reasons for retention. This statement must be provided within the same 30-day period. The itemized statement must be specific enough to allow the tenant to understand what damages are claimed and how the retained amount was calculated.
The consequences for landlord noncompliance are significant. Under Section 27-40-410(c), if a landlord fails to comply with the 30-day return requirement or the itemized statement requirement, the landlord forfeits any right to withhold any portion of the security deposit. This means that even if the tenant caused legitimate damage to the property, a landlord who fails to provide timely return and itemization loses the ability to retain any of the deposit.
Landlords may retain security deposits only for specific purposes identified in Section 27-40-410. These include unpaid rent, the cost of repairing damage caused by the tenant beyond normal wear and tear, and other breaches of the rental agreement for which the tenant is responsible. Importantly, landlords may not charge tenants for normal wear and tear, which is the natural deterioration that occurs through ordinary use of the premises.
South Carolina courts have interpreted normal wear and tear to include minor scuffs on walls, worn carpet in high-traffic areas, faded paint, and similar conditions that result from ordinary living. Landlords attempting to charge tenants for repainting, carpet cleaning, or other routine turnover expenses may be making improper deductions. However, damage beyond normal wear, such as holes in walls, stained or burned carpet, broken fixtures, or excessive filth, is properly chargeable to the tenant.
The security deposit statute applies to most residential tenancies in South Carolina, but there are exceptions. Single-family residences where the owner maintains no more than two such residences for rent are exempt from the security deposit provisions. Additionally, the statute does not apply to transient occupancies in hotels or motels, residences at educational institutions, or occupancy by employees whose tenancy is conditioned on employment.
For Charleston tenants, it is important to understand that local ordinances do not significantly modify state security deposit law. The City of Charleston and Charleston County do not have local security deposit regulations that provide additional protections beyond state law. Thus, the state statute represents the full scope of tenant protections.
Tenants seeking to recover security deposits have several remedies available. They may bring suit in Charleston County Magistrate Court for claims up to $7,500, which exceeds most security deposit amounts. If the landlord's failure to return the deposit was willful, the tenant may also be entitled to recover attorney's fees under general principles of South Carolina contract law.
Step-by-Step Guide to Recovering Your Security Deposit in Charleston
Recovering a wrongfully withheld security deposit requires systematic action that demonstrates your knowledge of South Carolina law and your willingness to pursue all available remedies. The following step-by-step guide walks Charleston tenants through the process from move-out to recovery.
Before surrendering the keys, thoroughly document the condition of the rental property. Take photographs and videos of every room, including close-ups of any areas that might be disputed. Document the cleanliness of appliances, floors, walls, windows, and fixtures. If you made any repairs or improvements during your tenancy, document these as well. This evidence is crucial if the landlord later claims damage.
Ensure you complete all required move-out procedures. Remove all personal property, clean the unit thoroughly, return all keys to the landlord, and provide your forwarding address in writing. The 30-day deadline does not begin until you have both vacated the premises and delivered possession, which typically means returning the keys. Document your key return with a dated receipt if possible.
Provide your landlord with a written forwarding address where they can send your security deposit. While South Carolina law does not explicitly require tenants to provide a forwarding address, doing so eliminates any landlord excuse for failing to return the deposit. Send this in writing and retain a copy.
South Carolina law gives landlords 30 days to return the security deposit with any itemized deductions. Mark your calendar for 30 days after you surrendered possession. Do not assume the landlord will fail to comply; some landlords simply take the full 30 days allowed by law.
If you receive your deposit with deductions, carefully review the itemized statement. Compare the claimed damages to your move-out documentation. Consider whether the deductions are for legitimate damage beyond normal wear and tear or improper charges for routine turnover. Note any deductions that appear unreasonable, unsupported, or inconsistent with the condition you documented.
If the landlord fails to return your deposit within 30 days, returns less than you are owed, or makes improper deductions, send a formal written demand letter. Your letter should identify yourself and the rental property, state the amount of the security deposit paid, describe the landlord's failure to comply with Section 27-40-410, cite the landlord's forfeiture of the right to retain any deposit under Section 27-40-410(c) if applicable, demand return of the full deposit within 15 days, and indicate that you will pursue legal action if necessary.
Send your demand letter via certified mail with return receipt requested to create proof of delivery. Keep a copy of the letter, the certified mail receipt, and the return receipt when it arrives. This documentation will be important if you need to pursue legal action.
If you need to file suit, you must name the correct defendant. Use the South Carolina Secretary of State business search to identify the legal entity that owns the property. For individual landlords, the county tax assessor records can identify property owners. Ensure you have the correct legal name and address for service of process.
If the landlord does not respond satisfactorily to your demand letter, file a complaint in Charleston County Magistrate Court. Security deposit claims fall well within the $7,500 jurisdictional limit. The filing fee is modest, and the process is designed to be accessible to self-represented litigants. You will need to complete the complaint form, file it with the court clerk, pay the filing fee, and arrange for service on the landlord.
Organize all your evidence for the court hearing. This includes your lease agreement, move-in and move-out inspection documents, photographs and videos of the property condition, copies of your demand letter and proof of delivery, any response from the landlord, and calculations showing the amount you are owed. Practice presenting your case clearly and concisely.
On your court date, arrive early, dress appropriately, and bring all your documentation. Present your case by explaining the facts chronologically, showing your evidence, and citing the landlord's failure to comply with Section 27-40-410. Be prepared to answer the magistrate's questions and respond to any defenses the landlord raises.
If you win, the court will enter a judgment in your favor. The landlord may pay voluntarily, or you may need to pursue collection remedies such as wage garnishment or bank account levy. Charleston County Magistrate Court can provide information about collection procedures.
Essential Evidence for Charleston Security Deposit Claims
Successfully recovering a wrongfully withheld security deposit depends on your ability to document both the condition of the property and the landlord's failure to comply with South Carolina law. Charleston tenants should gather comprehensive evidence to support their claims.
Move-In Condition Documentation
Documentation of the property's condition at the start of your tenancy establishes the baseline against which damage claims must be measured. Retain copies of any move-in inspection checklist completed with your landlord. If no formal inspection was conducted, any photographs or written descriptions from when you moved in are valuable. Emails or messages to your landlord reporting pre-existing conditions can serve as evidence of the property's original state.
Move-Out Condition Documentation
This is the most critical evidence category. Before surrendering keys, photograph every room from multiple angles. Take close-up photos of any areas that might be disputed, including walls, floors, fixtures, appliances, and outdoor areas. Video walkthroughs can capture conditions that photos might miss. Document that cleaning was completed, that all personal property was removed, and the general condition of the premises. Ensure all images are dated, either through embedded metadata or by including a newspaper or timestamped document in the frame.
Key Return Documentation
Since the 30-day deadline runs from when you surrender possession, documenting key return is important. Request a dated receipt when you return keys. If the landlord refuses to provide a receipt, take a photograph of yourself returning keys with a witness present, or send keys via certified mail. Document the date and method of key return in writing.
Forwarding Address Documentation
Keep a copy of any written communication providing your forwarding address to the landlord. If you provided the address via email or text, save screenshots. If you provided it in writing, keep a copy and note how it was delivered.
Lease Agreement and Payment Records
Your lease agreement establishes the amount of the security deposit and any conditions related to its return. Retain a complete copy of the lease. Also keep records of your deposit payment, whether by check, money order, or other method. Bank statements showing the deposit payment can verify the amount paid.
Landlord Communications
Save all communications with your landlord regarding the security deposit. This includes emails, text messages, letters, and notes from phone conversations. These communications may show the landlord acknowledging the condition of the property, admitting the amount of deposit owed, or failing to provide required itemization.
Itemized Statement Analysis
If your landlord provided an itemized statement of deductions, analyze it carefully. Compare claimed damages to your move-out documentation. Research the reasonableness of claimed repair costs. Note any deductions for items that appear to be normal wear and tear rather than tenant-caused damage. Document any inconsistencies or unsupported claims.
Market Rate Evidence for Disputed Charges
If your landlord claims excessive amounts for repairs, gather evidence of reasonable market rates. Obtain quotes from Charleston-area contractors for similar work. Online resources can provide general cost estimates. This evidence can help demonstrate that claimed deductions are unreasonable.
Correspondence Records
Maintain a complete file of all correspondence related to your security deposit claim. This includes your demand letter, proof of mailing, any landlord responses, and records of follow-up communications. This file documents your good-faith efforts to resolve the dispute before litigation.
Witness Information
If other people observed the condition of the property at move-out, their testimony can corroborate your account. This might include friends or family who helped you move, professional cleaners you hired, or other tenants. Obtain contact information and, if possible, written statements.
Critical Deadlines for Security Deposit Recovery in South Carolina
Understanding and tracking deadlines is essential for Charleston tenants seeking to recover security deposits. Missing deadlines can weaken your claim, while landlord deadline failures can strengthen your position.
The 30-Day Return Deadline
Under Section 27-40-410 of the South Carolina Code, landlords must return security deposits within 30 days after the termination of tenancy and delivery of possession. This deadline is mandatory and non-negotiable. The 30-day period begins when you both vacate the premises and surrender possession to the landlord, typically by returning keys. If the landlord fails to meet this deadline, they forfeit the right to retain any portion of the deposit.
Calculating the Start Date
The deadline calculation requires precision. The 30-day clock begins on the day you deliver possession, not when your lease ends. If you move out early but have paid rent through the end of the month, the deadline starts when you actually surrender the keys and vacate, not when your paid rental period ends. Document the exact date of key return to establish when the deadline begins.
Mailing and Delivery Timing
South Carolina courts generally consider a deposit returned when mailed, not when received, if the landlord sends the deposit before the deadline expires. However, if a landlord claims to have mailed the deposit but you never receive it, the burden may shift to the landlord to prove timely mailing. Deposits mailed to an incorrect address because the tenant failed to provide a forwarding address may not excuse landlord liability.
Deduction Itemization Deadline
The itemized statement of deductions must also be provided within the 30-day period. A landlord who returns a partial deposit without itemization has failed to comply with the statute. Similarly, a landlord who sends an itemized statement after the 30-day deadline has failed to comply, even if the deposit itself was returned on time.
Statute of Limitations for Recovery Claims
Tenants seeking to recover security deposits must file suit within the applicable statute of limitations. For breach of contract claims, South Carolina's three-year statute of limitations under Section 15-3-530 applies. This means you have three years from when the deposit should have been returned to file a lawsuit. However, waiting too long makes evidence stale and memories fade, so prompt action is advisable.
Demand Letter Timeline
While South Carolina law does not require a demand letter before filing suit for security deposit recovery, sending a demand is good practice. Allow 15 to 30 days for the landlord to respond to your demand letter before filing in court. This demonstrates good faith and may resolve the dispute without litigation.
Court Filing and Hearing Timeline
After filing in Charleston County Magistrate Court, the court will schedule a hearing date, typically 30 to 60 days after filing. You must ensure the landlord is properly served with notice of the lawsuit. Be prepared to appear on your scheduled date, as failure to appear may result in dismissal.
Judgment Collection Timeline
If you obtain a judgment, the landlord may have a limited time to pay voluntarily before you pursue collection remedies. Charleston County Magistrate Court can provide information about collection procedures and any applicable waiting periods. Judgments in South Carolina are generally valid for ten years and can be renewed.
Common Mistakes in Charleston Security Deposit Disputes
Charleston tenants pursuing security deposit recovery frequently make avoidable mistakes that weaken their claims or reduce their recovery. Understanding these pitfalls can help you navigate the process more effectively.
Failing to Document Move-Out Condition
The most consequential mistake is failing to thoroughly document the property's condition at move-out. Without photographs, videos, and written descriptions, tenants face a swearing contest with landlords over what damage existed. Many landlords routinely claim damage to justify retaining deposits, and tenants without documentation have difficulty proving otherwise. Always document before surrendering keys.
Not Requesting Move-In Inspection Documentation
Many disputes arise because there is no clear record of the property's condition at move-in. If your landlord did not provide a move-in checklist, you may lack evidence that claimed damage existed before your tenancy. Charleston tenants should always request and retain move-in documentation, and should photograph the property at the start of any tenancy.
Failing to Provide Forwarding Address
While South Carolina law does not explicitly require tenants to provide forwarding addresses, failing to do so can give landlords an excuse for non-return. Some landlords will claim they could not locate the tenant. Always provide a forwarding address in writing and retain proof.
Not Returning Keys Properly
The 30-day deadline runs from when you surrender possession. Tenants who leave keys on the counter, under the mat, or in a drop box may have difficulty proving when they delivered possession. Always request a receipt for key return or use a method that creates documentation.
Accepting Partial Returns Without Preserving Rights
Some landlords return partial deposits hoping tenants will accept and move on. Tenants who cash partial refund checks without noting that they are reserving rights to the balance may inadvertently accept the partial payment as full satisfaction. If accepting a partial payment, endorse the check with a notation such as "partial payment only, rights reserved."
Missing the Significance of the 30-Day Deadline
Many tenants do not understand that the landlord's failure to return the deposit within 30 days results in forfeiture of the right to retain any amount. Even if legitimate damage existed, a landlord who misses the deadline cannot withhold anything. Tenants should carefully track this deadline and note any landlord failure.
Not Challenging Improper Normal Wear and Tear Charges
Landlords frequently attempt to charge tenants for conditions that constitute normal wear and tear. Paint touch-ups, carpet cleaning, and minor scuffs are generally the landlord's responsibility, not deductible from security deposits. Charleston tenants should challenge improper deductions rather than accepting them.
Failing to Research Landlord Entity
When filing suit, you must name the correct defendant. Tenants who sue individual property managers rather than the property owner, or who name the wrong corporate entity, may find their claims dismissed. Research property ownership through county records before filing.
Not Calculating the Full Amount Owed
Some tenants fail to claim the full amount they are owed. Remember that if the landlord missed the 30-day deadline or failed to itemize, they forfeit all rights to retain any deposit, not just the improper deductions. Calculate your claim based on statutory requirements.
Delaying Too Long to Take Action
While the statute of limitations provides three years to file suit, delaying action makes cases harder to prove. Memories fade, documentation may be lost, and landlords may become harder to locate. Pursue security deposit claims promptly for the best chance of recovery.
Frequently Asked Questions About Security Deposits in Charleston
Under South Carolina Code Section 27-40-410, your landlord must return your security deposit within 30 days after you terminate the tenancy and deliver possession of the property. This means 30 days from when you both move out and return the keys. If the landlord retains any portion of the deposit, they must also provide an itemized statement of deductions within this same 30-day period. Failure to comply with this deadline results in the landlord forfeiting the right to retain any portion of the deposit.
If your landlord fails to return your security deposit within 30 days, or fails to provide an itemized statement of deductions within that period, they forfeit the right to retain any portion of the deposit under Section 27-40-410(c). This means you are entitled to the full deposit amount, regardless of any legitimate damage that may have existed. The deadline is strictly enforced by South Carolina courts.
Under South Carolina law, landlords may deduct from security deposits only for unpaid rent, damage caused by the tenant beyond normal wear and tear, and other breaches of the rental agreement that cost the landlord money. Normal wear and tear, which includes minor scuffs, worn carpet, faded paint, and similar conditions from ordinary living, cannot be charged to tenants. Landlords cannot charge for routine turnover cleaning or painting unless damage exceeds normal wear.
No. Unlike many states, South Carolina does not impose a statutory limit on the amount landlords may charge as a security deposit. Landlords may charge whatever amount the market will bear. However, this does not affect the landlord's obligations regarding handling and return of the deposit. The full deposit amount, whatever it may be, must be returned within 30 days minus only legitimate deductions.
While South Carolina law does not explicitly require tenants to provide forwarding addresses, doing so eliminates potential landlord excuses for non-return. Provide your forwarding address in writing before or at the time you move out, and keep a copy for your records. If a landlord claims inability to return the deposit because they did not have your address, your proof of providing it defeats this defense.
Yes. Charleston tenants can file suit in Charleston County Magistrate Court for claims up to $7,500, which covers most security deposit amounts. The filing fee is modest, and the process is designed to be accessible without an attorney. If your landlord failed to return your deposit within 30 days or made improper deductions, you can seek recovery of the amount owed plus court costs.
Normal wear and tear includes the natural deterioration that occurs through ordinary use of the premises. South Carolina courts have recognized this to include minor scuffs on walls, worn carpet in high-traffic areas, faded paint, minor scratches on floors, and similar conditions. Damage beyond normal wear, such as large holes in walls, stained or burned carpet, broken fixtures, or filthy conditions, is properly chargeable to tenants. The distinction depends on whether the condition results from ordinary living or tenant abuse or neglect.
If your landlord claims damage you did not cause, your move-out documentation becomes critical. Compare the landlord's claims to your photographs and videos. If the damage existed before your tenancy, move-in documentation can prove this. If the claimed damage does not appear in your move-out documentation, this suggests it did not exist when you vacated. Present this evidence if you need to dispute the deductions in court.
What to Expect When Recovering Your Security Deposit in Charleston
Charleston tenants pursuing security deposit claims should have realistic expectations about the process and potential outcomes. Understanding typical scenarios can help you make informed decisions about how to proceed.
Many security deposit disputes are resolved through demand letters without the need for court action. When tenants present clear evidence of their entitlement and demonstrate knowledge of the 30-day deadline and forfeiture provisions, many landlords will return deposits rather than risk litigation. The typical timeline for resolution through demand letters is two to four weeks from sending the letter.
Landlords who recognize their legal exposure often settle quickly. South Carolina's forfeiture provision for missed deadlines or lack of itemization creates significant leverage for tenants. A landlord who knows they failed to comply with statutory requirements may prefer to return the deposit rather than have a court judgment entered against them.
For disputes that require court action, Charleston County Magistrate Court provides an accessible forum. Cases typically reach hearing within 60 days of filing. The court process is designed to be navigable by self-represented parties, though preparation is still essential. Most security deposit cases are straightforward and can be presented effectively without an attorney.
Recovery in security deposit cases is typically limited to the deposit amount itself. Unlike some consumer protection claims, South Carolina security deposit law does not provide for multiple damages or statutory penalties beyond the forfeited deposit. However, tenants may recover court costs and, in appropriate circumstances involving bad faith, may be able to recover attorney's fees under general contract law principles.
Collecting on judgments is usually straightforward for security deposits because the amounts are typically modest and most landlords have assets or income from which to collect. Landlords who own rental property have identifiable assets, and professional property managers have business accounts that can be reached through collection procedures.
Some security deposit disputes involve genuine disagreements about whether damage existed and what it should cost to repair. In these cases, courts will evaluate the evidence presented by both parties. Strong move-out documentation showing the property in good condition is the tenant's best evidence. Landlords may present repair invoices or contractor estimates. The magistrate will make a determination based on the preponderance of evidence.
Tenants should be prepared for the possibility that landlords will raise counterclaims. Common counterclaims include unpaid rent, unpaid utilities, and damage claims that exceed the security deposit. If a landlord raises counterclaims, the court will consider both the tenant's deposit claim and the landlord's counterclaims, potentially resulting in a net judgment for either party.
Charleston Security Deposit Recovery Resources
Charleston tenants pursuing security deposit recovery have access to various local resources that can provide assistance, information, and legal support.
Charleston County Magistrate Court
Magistrate Court handles civil claims up to $7,500, which includes most security deposit disputes. Multiple magistrate court locations serve Charleston County. Contact the Charleston County Clerk of Court at (843) 958-5000 for information about filing locations, procedures, and required forms. The court can provide complaint forms and explain filing procedures.
Charleston County Clerk of Court
The Clerk's office maintains court records and can provide information about filing requirements, fees, and procedures. Address: 100 Broad Street, Charleston, SC 29401; Phone: (843) 958-5000.
South Carolina Legal Aid
Provides free legal assistance to qualifying low-income residents, including help with landlord-tenant matters and security deposit disputes. Eligibility is based on income and the nature of the legal issue. Phone: 1-888-346-5592; Website: sclegal.org
Charleston County Bar Lawyer Referral Service
For tenants seeking attorney representation, the bar association can provide referrals to attorneys who handle landlord-tenant matters. Contact: Charleston County Bar Association; Phone: (843) 722-6155.
South Carolina Department of Consumer Affairs
While primarily focused on consumer protection issues, the Department can provide general information about tenant rights and may assist with certain landlord-tenant complaints. Phone: (803) 734-4200; Toll-free: 1-800-922-1594; Website: consumer.sc.gov
Charleston County Property Records
To identify property owners for litigation purposes, Charleston County maintains online property records. The County Assessor's office can help locate ownership information. Website: charlestoncounty.org/departments/assessor
South Carolina Secretary of State Business Search
To identify the correct legal entity for landlords that are corporations or LLCs, use the Secretary of State's online business entity search. Website: sos.sc.gov/online-filings
Charleston Area Justice Ministry
Faith-based organization that advocates for housing justice and tenant rights in the Charleston area. May provide advocacy support or referrals for tenants facing housing issues. Website: cajmsc.org
Lowcountry Legal Volunteers
Provides pro bono legal services to Charleston-area residents who cannot afford attorneys. May be able to assist with security deposit recovery for qualifying individuals. Contact through the Charleston County Bar Association.
The Rules They Don't Want You to Know
The Clock is Your Weapon
Most states give landlords 21-30 days to return your deposit or provide an itemized list of deductions. Know your state's deadline.
Document Everything
Photos, videos, inspection reports – evidence is king. Got proof? Use it.
Make Them Show Their Math
They can't just pocket your cash. Demand itemized deductions. No receipts? Demand a full refund.
The Security Deposit Power Play
Many states allow for double or triple damages for bad faith retention. Know the law, and don't be afraid to use it.
South Carolina Security Deposit Laws
Applicable Laws
- S.C. Code § 27-40-410
Small Claims Limit
$7,500
Consumer Protection Agency
South Carolina Department of Consumer Affairs
Security Deposit Real Talk
When do I send my demand letter?
Day after their legal deadline expires. Not a day later. They're banking on your hesitation.
What if they ghost me?
That's when it gets interesting. Document everything and head to small claims court. The judge won't be impressed by their silence.
What's normal wear and tear?
Minor scuffs, small nail holes, faded paint, worn carpet in traffic areas. Not normal: holes in walls, stains, broken fixtures, or pet damage.
Can they deduct for professional cleaning?
Only if you left the place dirtier than when you moved in. Normal cleaning isn't your responsibility if you left it reasonably clean.
What if I didn't do a move-in inspection?
Makes it harder to dispute pre-existing damage, but not impossible. Photos from online listings, previous tenant testimony, or property age can help.
How much can I sue for?
The deposit amount plus penalties. Many states award 2x or 3x damages for bad faith retention, plus court costs and sometimes attorney fees.
What if my landlord sold the property?
The new owner typically inherits deposit obligations. Both old and new owners may be liable. Check your state's transfer requirements.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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