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Old 11-25-2008, 10:06 AM
 
1 posts, read 3,257 times
Reputation: 10

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Does anyone know what recourse a tenant has if the landlord has spent my security deposit and obviously then failed to provide me with the proof of where it was deposited, etc.
It should be noted that i moved in with the landlord promising to clean & make certain repairs that he never followed through on.
I've been making repairs since I moved in. Looks like I have a dead beat landlord on my hands.
What can/should I do to protect myself?
Many Thanks!
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Old 11-25-2008, 01:20 PM
 
1,367 posts, read 5,102,954 times
Reputation: 871
As far as the repairs go, was there anything more than a verbal agreement? Are they important repairs like fixing leaks, heat, etc. or just cosmetic? Did you save your receipts for money spent?
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Old 11-25-2008, 01:30 PM
 
549 posts, read 1,566,194 times
Reputation: 231
Not sure about NC but in many states property owners are required to return your deposit or provide you with an itemized list of repairs within a set period of time, usually 60 days. If they fail to do so they are automatically liable for 3x the deposit. The hiccup in the system is that you have to FIND the property owner in order to take him to small claims court! Unless this is a lot of money you should probably just kiss it goodbye.
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Old 11-25-2008, 06:00 PM
 
1,877 posts, read 4,316,331 times
Reputation: 1243
Sounds like the OP is still occupying the property. It seems the law requires the landlord to tell you where the money is, bit is rather ambiguous on what the penalty is for not doing so. As for the repairs, I would hang on to receipts- you may need them, should civil action be required.

GS_42-50

GS_42-55
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Old 11-25-2008, 08:08 PM
 
221 posts, read 650,275 times
Reputation: 69
Is your landlord the individual homeowner, or is this an apartment complex or property manager?
Quote:
Originally Posted by MacD View Post
Does anyone know what recourse a tenant has if the landlord has spent my security deposit and obviously then failed to provide me with the proof of where it was deposited, etc.
It should be noted that i moved in with the landlord promising to clean & make certain repairs that he never followed through on.
I've been making repairs since I moved in. Looks like I have a dead beat landlord on my hands.
What can/should I do to protect myself?
Many Thanks!
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Old 11-26-2008, 07:13 AM
 
630 posts, read 1,678,609 times
Reputation: 287
My landlord never provided me info on the deposit and then tried to withhold it. I took him to small claims court and won for 2x the amount. No fuss no muss really. It's the law cut and dried
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Old 11-26-2008, 07:33 AM
 
Location: Huntersville
1,521 posts, read 4,485,224 times
Reputation: 298
Quote:
Originally Posted by flexysteve View Post
My landlord never provided me info on the deposit and then tried to withhold it. I took him to small claims court and won for 2x the amount. No fuss no muss really. It's the law cut and dried
Was this NC?
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Old 11-26-2008, 08:11 AM
 
630 posts, read 1,678,609 times
Reputation: 287
It was in MA. He put the deposit in his own bank account (MA law says you have to put it in a seperate interest bearing acct) and notify the renter within 30 or 60 days of the bank and acct. You also had 30 or 60 days to pay it back at the end of the lease. We went to small claims court, the guy didn't know the laws and the judge felt he was unnecessarily withholding funds.

NC law might be different tho.
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Old 11-30-2008, 09:10 AM
 
Location: Greenville Cty, SC
32 posts, read 163,595 times
Reputation: 24
Quote:
Originally Posted by flexysteve View Post
It was in MA. He put the deposit in his own bank account (MA law says you have to put it in a seperate interest bearing acct) and notify the renter within 30 or 60 days of the bank and acct. You also had 30 or 60 days to pay it back at the end of the lease. We went to small claims court, the guy didn't know the laws and the judge felt he was unnecessarily withholding funds.

NC law might be different tho.
You really must become educated on the state's landlord/tenant law. FL definately requires the money be held in an account separate from the landlord's money (and can never be used). After tenant moving out, they only have 15 days to notify you of the itemized deductions but have 30 days to return the balance. It's amazing what some people try and/or get away with as both landlords and tenants. Glad it worked for you.
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Old 11-30-2008, 09:59 AM
 
1,877 posts, read 4,316,331 times
Reputation: 1243
Quote:
Originally Posted by frogcollector3 View Post
You really must become educated on the state's landlord/tenant law. FL definately requires the money be held in an account separate from the landlord's money (and can never be used). After tenant moving out, they only have 15 days to notify you of the itemized deductions but have 30 days to return the balance. It's amazing what some people try and/or get away with as both landlords and tenants. Glad it worked for you.
How does that relate to NC law?
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