My question involves landlord-tenant law in the State of: South Carolina
South Carolina
To start let me tell you my landlord is old and possibly senile.
There were damages to the trailer that we rented when we moved in which were all documented. There was several holes in the wall, one which was repaired by hanging a mirror in front of. Electrical outlets were pulled out of the wall. Only half the outlets in the house worked. I managed to fix the master bathroom tub faucet, kitchen faucet and replaced a 65.00 refrigerator shelf over the 2 years I lived there. The previous tenants did this damage from what we gathered from the landlords when we moved in.
Anyways when we moved out the landlord called us 2 days after we left and said they were going to sue us! They failed to do a walkthrough with us when we were leaving and we were on first name basis with them. They just lived down the road. We're really stunned, they're accusing of us the damages that we didnt do. Some of the charges including mowing the lawn/weedeating because they said the lawn needed to me mowed, even though they regurlarly mowed it. We had a heated argument about this and I left it as that, but then we get a letter about a month and half later:
My wife didn't care about getting the security deposit back because she doesn't want to mess with these crazy people. We gave forwarding address the day before we left.
I have looked up the laws for south carolina on returning security deposits,etc
its kind of long: SOUTH CAROLINA SECURITY DEPOSITS
SECTION 27-40-410. South Carolina Security deposits; prepaid rent
When you move out in South Carolina, you should give the landlord a forwarding address. The landlord then has 30 days to either return your security deposit or provide a written explanation of the amount withheld.
(a) Upon termination of the tenancy, property or money held by the South Carolina landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510.
Deductions from the security 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 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 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.
(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with South Carolina Section 27-40-510
(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.
(e) Subject to the provisions of South Carolina Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
Normal Wear and Tear and Damage: The landlord can use the security deposit to repair damage for which the tenant is responsible. But the landlord cannot apply the security deposit to normal wear and tear.
They failed to mail us the written notice with thrity days, they actually mailed us a letter august 10 certified letter(saying we owe 1128.00, we paid our last month rent for june, and we left july 1st. They gave us an extra day to get stuff out. We finished out lease and never missed rent.
Am I safe to say that they can't sue us because they didn't notify us in writing within 30 days. Should I sue them for my security deposit?
Please Help I need Advice!

