If you are a tenant it is a possibility that you are dealing with security deposit issues with your landlord.
In order to deal with situations of this sort in North Carolina, there are some norms associated with lawsuit filing:-
- In North Carolina the landlords have 30 days to itemize and return the deposit.
- The itemization needs to be in written. It should at the same time, inculcate the manner in which the deposit has been applied along with the leftover of the deposit.
- The landlords may use the deposits to cover, unpaid rent, unpaid utility charges, repairing damage, cleaning of the premises or the like.
- It is mandatory that you as a tenant are made well aware of the lease, rental agreement and name and address of the banking institute were the security deposit is kept.
- A landlord can only charge one and one-half months’ rent (for month to month rental) or at times two months (when the rental term is longer) as the security deposit. If the tenant has pets there can be additional non refundable deposit for pets.
- The security deposit needs to be returned within 30 days of when the tenant moves out. In cases, where there is waiting for the landlord’s claim against the deposit, then, the landlord may send an interim.
- If the security deposit is up to $5,000 the tenant can sue landlords in the small claims court.
- The tenant has the right to withhold the rent, if the landlord disagrees to pay for mandatory repairs.
- When you take the house for rent there is the landlord tenant list, you can compare the same post you leave the house, when the landlord comes attends the final inspection to avoid getting into such issue.
- If the landlord feels that he needs to deduct some amount, it is advisable to ask him or her for the same in written. It will aid in a better and more feasible procedure.
- If your landlord is denying you for a satisfactory response to the demand letter, you may file a lawsuit right then.
- However, if there are chances you can also try for mediation.
Whatsoever be the case, the amount or the complexity of the matter, it is advisable to go with an attorney or a lawyer assistance.