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Old 12-16-2017, 07:21 PM
 
1 posts, read 622 times
Reputation: 10

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We rent a house July 1 2014 signed a 2 year lease, it expired on July 1 2017 and another lease was not sign now 6 months after the lease expired we decide to move. Gave him a 30 day notice and was even out before that 30 days. Now he will not give me my deposit for the remaining 15 days. Say he does not prorate. Mind you nowhere in the lease ( that is expired) does it say that he don’t prorate the days. Can he keep all of my deposit?

Last edited by MVan3815; 12-16-2017 at 07:27 PM.. Reason: I wasn’t finished and I’m new to the site sorry
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Old 12-17-2017, 07:34 PM
 
181 posts, read 185,009 times
Reputation: 103
ABSOLUTELY NOT. I am going to be very specific in this post and I encourage any and all members of this community with any interest in this subject to read on as misuse of security deposits in our state is a serious problem, and tenants are entitled to action. THERE IS NO STATUTE OF LIMITATIONS TO THESE RULES.

Your landlord (and all landlords AND tenants on this site) need to know the North Carolina Tenant Security Deposit Act front, backwards, and sideways because a landlord's violation of this act can and likely will result in at least treble damages (aka THREE TIMES the amount of the original security deposit) and could go as far as resulting in felony fraud charges (especially if the landlord lives out of state) or a hefty fine of up to $30,000 (if the landlord is proven to have misused trust account monies).

If you are a landlord on this forum and are not following the North Carolina Tenant Security Deposit Act, or have not followed it in the past, YOU MAY BE HELD LIABLE BY EACH INDIVIDUAL TENANT THAT YOU HAVE DEFRAUDED. Ignorance, as we all know, is NEVER an alibi.

The most important part of a security deposit that you, the tenant, and your landlord must understand is that under no circumstances is a security deposit ever anyone else's money but the tenants. A SECURITY DEPOSIT BELONGS TO THE TENANT, BUT IS CONTROLLED BY THE LANDLORD TEMPORARILY. THE SECURITY DEPOSIT NEVER, NEVER, NEVER BECOMES THE LANDLORD'S PROFIT.

If a landlord describes something in a lease as a SECURITY DEPOSIT, in the state of North Carolina, there are very strict rules on how and why that money can be used.

- It must be placed in a trust account, and you must be told where the money is located (meaning you don't even have to ask -- he is still liable to tell you).
- The maximum amount a security deposit can be is 2 months rent for a lease longer than 1 year.
- A security deposit must be postmarked and returned to a forwarding address of the tenant with all deductions ITEMIZED within 30 days (60 days if he can prove that he needed that long) of the end of your lease term.
- If a forwarding address cannot be found within 6 months of a tenant moving out, it does not become landlord profit. A landlord is required to give that money to the state (escheat) -- hence why it NEVER is the landlord's money.

The following are the ONLY, and I repeat, ONLY legal ways a landlord may use a security deposit:

1. If you don't pay utility bills, they may use your security deposit to pay part (or all) of those bills.
2. Any intentional or negligent damage to the unit (small nail holes for picture frames, for example, IS NOT an example of intentional or negligent damage. You may not be charged for this).
3. Any part of your lease term that was not fulfilled (you moved out early), your security deposit can be used for part of (or all) of that time.
4. Unpaid bills that you, the tenant, took responsibility for in a lease, that have created any liens on the property
5. Cost to re-rent the property (this DOES NOT, I repeat DOES NOT, include any costs to clean the unit)
6. Cost of removal and storage of any of your personal property left behind
7. Costs associated with eviction

Notice, as I mentioned before, that this does not include any costs of cleaning a unit. IT IS ILLEGAL TO USE A SECURITY DEPOSIT FOR NORMAL CLEANING FEES AFTER A TENANT LEAVES IN THE STATE OF NORTH CAROLINA.
You may be asked to present a cleaning fee UP FRONT, but it must be called a cleaning fee, NOT a security deposit. Normal wear and tear, carpet cleaning, and small nail holes MAY NOT be deducted from a security deposit.

IF you do not fall into ANY of those categories, YOUR SECURITY DEPOSIT MUST BE 100% RETURNED, OR YOUR LANDLORD IS STEALING MONEY.

As well as that, IF your landlord has violated ANY of the things that I have listed above, you are entitled to legal action and should consult an attorney IMMEDIATELY.

Last edited by PiratePanther189; 12-17-2017 at 07:51 PM..
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Old 12-17-2017, 11:45 PM
 
Location: New York
1,607 posts, read 1,633,467 times
Reputation: 1952
You are required to pay for the full 30days. It was you choice to vacate earlier. The landlord is not required to prorate.
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Old 12-18-2017, 02:26 PM
 
181 posts, read 185,009 times
Reputation: 103
Yeah I realized you were talking about your actual rent payment, when you mentioned a deposit. For some reason I read it as he was using your security deposit to charge you for unused rent.

As far as rent is concerned, no, a landlord definitely does not have to prorate your rent.
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