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South Carolina · Code §§27-40-410, 27-40-450South Carolina tenant security deposits when you sell a rental

South Carolina's Residential Landlord and Tenant Act decides who answers for deposits after a sale. A landlord who conveys a rented dwelling in a good-faith sale to a bona fide purchaser is, unless otherwise agreed, relieved of liability for events after written notice of the conveyance to the tenant – but remains liable for the security deposit unless the deposit is transferred from the seller to the purchaser and the tenant is notified in writing a reasonable time after the transaction, in which case the purchaser is liable (S.C. Code §27-40-450(a)). Subject to that rule, the holder of the landlord's interest when the tenancy ends is bound by the deposit section (§27-40-410(e)). That section requires the deposit, less accrued rent and damages from the tenant's noncompliance, to be returned with an itemized written notice within 30 days after the tenancy ends and possession is delivered and the tenant demands it, whichever is later; a landlord who fails to do so may owe three times the amount wrongfully withheld plus reasonable attorney's fees (§27-40-410(a), (b)). The landlord also discloses in writing, at or before the start of the tenancy, the name and address of an owner or the owner's agent, and that duty is kept current and enforceable against any successor landlord, owner or manager (§27-40-420).

The rules

  1. 1. Transfer and notify (§27-40-450(a))

    Deposit moved to the buyer and tenant notified in writing → the buyer is liable; otherwise the seller stays liable.

  2. 2. Return in 30 days (§27-40-410(a))

    Itemized notice with the amount due.

  3. 3. Treble damages (§27-40-410(b))

    Three times the amount wrongfully withheld plus attorney's fees.

  4. 4. Owner disclosure (§27-40-420)

    Kept current; enforceable against successors.

What the TC can do

  • Get a list of each tenant's deposit and lease from the seller.
  • Ask whoever is closing the sale how the deposits will move to the buyer.
  • Track the written notice to each tenant after closing.

Questions about South Carolina deposits on a sale

Who is liable for deposits after a South Carolina rental is sold?

The seller, unless the deposit is transferred to the purchaser and the tenant is notified in writing a reasonable time after the transaction – then the purchaser (S.C. Code §27-40-450(a)).

How long does a South Carolina landlord have to return a deposit?

Thirty days after the tenancy ends and possession is delivered and the tenant demands it, whichever is later, with an itemized notice (§27-40-410(a)).

What happens if a South Carolina deposit is wrongfully withheld?

The tenant may recover three times the amount wrongfully withheld and reasonable attorney's fees (§27-40-410(b)).

Answer "Tenants stay" on the deal in ClosingCode and it adds the rent roll and deposit accounting document with this state's rule, the deposit-transfer step before closing and the tenant-notice step after.

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Source: South Carolina Code of Laws §§27-40-410, 27-40-420 and 27-40-450 (scstatehouse.gov, read October 26, 2026).

General information, not legal advice. The county assessor decides eligibility. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.