South Carolina General Assembly
118th Session, 2009-2010

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H. 3831

STATUS INFORMATION

General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\ggs\22308ab09.docx

Introduced in the House on April 1, 2009
Currently residing in the House Committee on Judiciary

Summary: Rental property

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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    4/1/2009  House   Introduced and read first time HJ-6
    4/1/2009  House   Referred to Committee on Judiciary HJ-6

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/1/2009

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS PAID UNDER THE RESIDENTIAL LANDLORD-TENANT ACT, SO AS TO PROVIDE A LANDLORD MUST BE EXEMPT FROM CERTAIN WRITTEN NOTICE REQUIREMENTS IF THE TENANT IS EVICTED FOR FAILING TO PAY RENT OR INCURRING DAMAGE EXCEEDING THE AMOUNT OF THE SECURITY DEPOSIT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 27-40-410(a) of the 1976 Code is amended to read:

"(a)    Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which that the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any Except where damage to the rental unit exceeds the amount of the security/rental deposit or where a tenant is evicted for failing to pay rent, a deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may must be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided if the landlord:

(1)    had no notice of the tenant's whereabouts; and

(2)    mailed the written notice and amount due, if any, to the tenant's last known address."

SECTION    2.    This act takes effect upon approval by the Governor.

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