Can a landlord sue for additional damages beyond a security deposit after 30 days?

UPDATED: Apr 25, 2012

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Can a landlord sue for additional damages beyond a security deposit after 30 days?

After giving 2 weeks notice, I moved out of my apartment. Our lease was up and my landlord agreed to talk to my roommates about renewing the lease. I said I would surrender my deposit to them. I signed a new lease, moved, and hadn’t thought of it until he contacted me. It is almost 2 months since I have lived there and he is threatening to sue me for damages. Is he allowed to do this?

Asked on April 25, 2012 under Real Estate Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

And what happened with your room mates?  You forfeited your security deposit?  Did you do a walk through with the landlord after you left to document the damage that could have been attributable to you under the lease?  Damage other than "normal wear and tear?"  Since you surrendered your security it is hard to say if the landlod violated anything with regard to that matter and yes, he can probaly sue you for damages over and above those that the security would have covered within the time frame (called the statute of limitations) under the law there.  I would consult with a tenant's rights group or an attorney soon.  Good luck.

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