I work for a property management company. We managed property for an owner, that owner took the property back to manage herself, and the tenant's security deposit was given to the owner. The tenant moved out around the same time. we informed the tenant the owner had the security deposit ad the owner would be responsible for informing her is he would receive the security deposit back or not. What is the statute of limitations for the tenant to sue our management company for the return of her security deposit? She moved out March 4, 2013 and did not file to sue until November 2014.
Under South Carolina law, there is a three year statute of limitations to bring an action on a contract. S.C. Code Ann. Sec. 15-3-530(1). Since a lease agreement is considered a contract, the three-year period would apply. The South Carolina Residential Landlord Tenant Act ("Act") does not specify a different statute of limitations for the return of a security deposit. However, the landlord should have returned the tenant's deposit within 30 days of a written demand by tenant or within 30 days of the date of termination of the tenancy, whichever is later. Furthermore, the landlord should have given the tenant an itemized, written notice specifying any deduction from the security deposit used to apply to repairs, etc.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline