Short answer: In South Carolina, hurricanes make renters insurance and separate flood coverage important, because your landlord's policy doesn't cover your belongings. Under S.C. Code §27-40-410, the landlord must send a written, itemized notice of any deductions with the amount due within 30 days after the tenancy ends and you deliver possession and demand the deposit, whichever is later. Give a forwarding address in writing. If the landlord wrongfully withholds, you may recover three times the amount withheld plus reasonable attorney's fees.
This guide is general information for South Carolina renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: The 30-day itemized notice
Under S.C. Code §27-40-410:
- When the tenancy ends, the landlord may withhold only for accrued rent and damages from your noncompliance with §27-40-510.
- Any deduction must be itemized in a written notice with the amount due, within 30 days after termination of the tenancy, delivery of possession, and your demand, whichever is later. So ask for the deposit in writing.
- Provide a forwarding address in writing. If you don't, you may not be entitled to damages, provided the landlord had no notice of your whereabouts and mailed the notice to your last known address.
Step 2: Triple damages
If the landlord fails to return the deposit or prepaid rent with the required notice, you may recover three times the amount wrongfully withheld and reasonable attorney's fees.
Step 3: Hurricane season
Wind damage to belongings is typically covered by a renters policy, subject to its deductible. Flood and storm surge are generally excluded; renters can buy NFIP contents coverage through FloodSmart. Loss-of-use coverage can help if you're evacuated or the unit becomes unlivable after a covered loss.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in South Carolina.
Frequently asked questions
How long does a South Carolina landlord have to return my deposit?
Within 30 days after the tenancy ends, you deliver possession and you demand it, whichever is later, under S.C. Code §27-40-410.
Do I need to ask for my deposit in South Carolina?
Yes. The 30-day clock runs from the latest of termination, delivery of possession and your demand.
What's the penalty for wrongfully withholding a South Carolina deposit?
Three times the amount wrongfully withheld, plus reasonable attorney's fees.
Does South Carolina renters insurance cover storm surge?
Generally no. Flood and surge need separate flood coverage.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.