Does lease override state law?

[deggy]

Location: South Carolina

I am a tenant; my lease states that I will receive an itemized list/receipts/remaining deposit within 2 weeks - state law requires 30 days. I am past the 2 week period and the landlord canceled one sent check and is investigating further damages (mold under sink). Since my lease states 2 weeks does this supersede the 30 day requirement of the state - will this stand up in small claims court?

 

[FlyingRon]

It's not a matter of superceding. The landlord is obligated to comply with both (if their was a conflict, the law would previal). Two weeks is within the amount the law requires, so right now he is in breach of the lease contract. If he fails to deliver in 30 he's in violation of the law.

 

[Zigner]

I'm willing to bet that the lease doesn't provide for any damages for a breach of that particular clause

 

[Cvillecpm]

If state law is 30 days, your landlord is not in violation AND absent state law as to "damages", it is doubtful there is any particular benefit for quoting this in any demand....wait the 30 days and THEN dispute whatever the landlord provides.

 

[deggy]

Update

30 days have passed and I have not received an itemized list/receipts. I received a certified check with $450+ deducted and a note saying utilities; I was told a stop payment was put on the check due to water damage assessment. I received another email containing an inspection checklist – stating what was dirty (walls/floor/oven not clean – no money values on the form). Then I received an additional email saying – go ahead and cash the check, our landlord/tenant relationship has been terminated…I have not cashed the check as of yet. I gave a deposit of $1600 with a non-refundable pet deposit of $250. I plan on going to magistrate court and asking for full return of my security deposit. State law says security deposit x3 with attorney fees… If I cash the check I have in hand am I accepting it as my returned security deposit? Do I send it back? Do I void the check?

 

[Cvillecpm]

Send it back after making a copy to show the judge.

You better be real sure of your proof that they have no charges * pictures of the property when you vacated, etc.

 

[Who's Liable?]

Send it back after making a copy to show the judge.

You better be real sure of your proof that they have no charges * pictures of the property when you vacated, etc.

OP doesn't need proof. The mere fact that the LL failed to return an itemized list with deductions within 30-days, as the OP clearly stated right before your post, makes them in violation of state LL law, and thus they forfeits the right to the deposit.