Matejka Law Explains Tenant Damage and Deposit Deadlines As South Carolina’s Eviction Records Law Nears

November 04, 2026 – PRESSADVANTAGE –

Matejka Law outlines South Carolina requirements that apply when landlords discover damage or unauthorized tenant alterations at move-out. For tenancies ending this month, the deposit deadline may fall in December, depending on when possession is delivered and when the tenant makes a demand. The firm also clarifies that the upcoming eviction records law does not change those deposit requirements or landlords’ damage claims.

Section 27-40-410 of the South Carolina Residential Landlord and Tenant Act requires an itemized written notice of any security deposit deductions. The notice is due within 30 days after the tenancy ends and possession is delivered, or after the tenant’s demand, whichever is later. Matejka Law treats the deposit as the first source for recovering costs from tenant-caused property damage.

A landlord who fails to return any amount due with the required itemized notice faces a claim for three times the wrongfully withheld amount, plus reasonable attorney’s fees. Tenants must provide a forwarding address in writing. Without one, the claim fails if the landlord has no other notice of the tenant’s whereabouts and mails the itemized notice and any amount due to the tenant’s last known address.

Section 27-40-510 bars a tenant from deliberately or negligently destroying, defacing, damaging, impairing, or removing any part of the premises. The tenant must also refrain from knowingly permitting someone they allow onto the premises to cause such damage. Disputes range from a damaged wall to cases in which a tenant deliberately or negligently destroyed a rental property.

Matejka Law distinguishes ordinary wear, such as faded paint, worn carpet, and minor scuffs, from damage for which a tenant is responsible. The firm’s examples of recoverable damage include drywall holes, smoke damage, pet damage, appliance damage caused by misuse, and unauthorized structural changes. Landlords can seek repair and replacement costs for such damage.

House Bill 4270, signed into law on May 19, 2026, takes effect on January 1, 2027. It requires removing qualifying eviction records from the public index and publicly accessible court files seven years after final disposition or filing, if no later filing is recorded.

The measure changes public access to eviction records but does not change damage claims or security deposit rules. The act applies to eviction filings that include a defendant’s personal information, and removing the filing does not vacate judgments or cancel debts.

Damages beyond the deposit amount usually require a civil lawsuit. Matejka Law’s guidance on tenant-caused property damage adds that courts may award court costs and, in some cases, attorney’s fees. If a tenant abandons a unit, Section 27-40-730 requires the landlord to make reasonable efforts to find a new tenant at a fair rental, which helps limit lost rent.

Matejka Law advises landlords to keep documentation such as inspection reports and invoices. Dated photos compared with move-in records help establish whether damage occurred during the tenancy. Landlords generally must give at least 24 hours’ notice before entering a unit and may enter only at reasonable times, unless a statutory exception applies.

Tenants can file counterclaims, and courts evaluate those alongside the landlord’s damage claim. For that reason, the firm notes, tenants should handle repair requests in good faith. A landlord’s repair record, including written communications, can therefore become evidence in a damage dispute.

Matejka Law LLC is a South Carolina law firm that advises property owners and property managers on landlord-tenant law. Attorney Nataliya Matejka spent more than two decades managing residential and investment properties before practicing law. The firm handles lease enforcement and property damage litigation for landlords across South Carolina.

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For more information about Matejka Law LLC, contact the company here:

Matejka Law
Matejka Law
(843) 300-8147
info@matejkalaw.com