Am I entitled to keep the deposit since the tenant moved out before the end of the 30-day period?
Full Question:
My contract states that the tenant is entitled to have their deposit returned if they give me (the landlord) a 30-day written notice.
My tenant gave a 30-day notice and then moved out before the 30 days had elapsed.
Am I entitled to keep the deposit since the tenant moved out before the end of the 30-day period?
If not, am I entitled to keep a portion of the deposit for the days that the tenant originally stated that she would be there?
10/04/2007 |
Category: Landlord Ten... ยป Security Dep... |
State: North Carolina |
#9664
Answer:
The applicable North Carolina statutes are as follows:
§ 42-51. Permitted uses of the deposit.
Security deposits for residential dwelling units shall be permitted
only for the tenant's possible nonpayment of rent and costs for water or
sewer services provided pursuant to G.S. 62-110(g), damage to the
premises, nonfulfillment of rental period, any unpaid bills that become a
lien against the demised property due to the tenant's occupancy, costs of
re-renting the premises after breach by the tenant, costs of removal and
storage of tenant's property after a summary ejectment proceeding or
court costs in connection with terminating a tenancy. The security
deposit shall not exceed an amount equal to two weeks' rent if a tenancy
is week to week, one and one-half months' rent if a tenancy is month to
month, and two months' rent for terms greater than month to month. These
deposits must be fully accounted for by the landlord as set forth in
G.S. 42-52.
§ 42-52. Landlord's obligations.
Upon termination of the tenancy, money held by the landlord as security
may be applied as permitted in G.S. 42-51 or, if not so applied, shall be
refunded to the tenant. In either case the landlord in writing shall
itemize any damage and mail or deliver same to the tenant, together with
the balance of the security deposit, no later than 30 days after
termination of the tenancy and delivery of possession by the tenant. If
the tenant's address is unknown the landlord shall apply the deposit as
permitted in G.S. 42-51 after a period of 30 days and the landlord shall
hold the balance of the deposit for collection by the tenant for at least
six months. The landlord may not withhold as damages part of the security
deposit for conditions that are due to normal wear and tear nor may the
landlord retain an amount from the security deposit which exceeds his
actual damages.