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Under the terms of the NC Tenant Security Deposit Act a landlord must provide a written itemization of damages, charges, unpaid rent, etc., to the tenant and then return the full amount or balance [of the security deposit] no later than 30 days after "the termination of the tenancy and delivery of possession of the premises to the landlord." http://www.ncleg.net/EnactedLegislat.../Article_6.pdf
If this is not done, the tenant can sue for return of the full amount of the deposit, usually in Small Claims Court. Per the act, "In addition to other remedies at law and equity, the tenant may recover damages resulting from noncompliance by the landlord; and upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article, such willful noncompliance is against the public policy of this State and the court may award attorney's fees to be taxed as part of the costs of court. (1977, c. 914, s. 1; 2009-279, s. 6.)"
Has anyone had experience with this? My landlord has missed the 30 day deadline. I emailed a reminder of this on the 34th day, followed by a phone call, and the mgr said, "I passed your request on to Accounting." But I still haven't seen the check, now day 38.
Does anyone have first hand knowledge of how Asheville Small Claims Court reacts to clear violations of this law? It doesn't seem to be too protective of the tenant, by offering some incentive to landlords who neglect their obligations but a substantial fine for each day the payment is late. If fact, it appears that unless the tenant takes the landlord to court, and the judge is sympathetic, it is not even clear that damages will be applied.
I welcome first hand accounts from anyone who has "been there, done that." Thanks.
(Because it is a holiday, I can't contact some of the normal resources, e.g. Pisgah Legal Services).
Under the terms of the NC Tenant Security Deposit Act a landlord must provide a written itemization of damages, charges, unpaid rent, etc., to the tenant and then return the full amount or balance [of the security deposit] no later than 30 days after "the termination of the tenancy and delivery of possession of the premises to the landlord." http://www.ncleg.net/EnactedLegislat.../Article_6.pdf
If this is not done, the tenant can sue for return of the full amount of the deposit, usually in Small Claims Court. Per the act, "In addition to other remedies at law and equity, the tenant may recover damages resulting from noncompliance by the landlord; and upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article, such willful noncompliance is against the public policy of this State and the court may award attorney's fees to be taxed as part of the costs of court. (1977, c. 914, s. 1; 2009-279, s. 6.)"
Has anyone had experience with this? My landlord has missed the 30 day deadline. I emailed a reminder of this on the 34th day, followed by a phone call, and the mgr said, "I passed your request on to Accounting." But I still haven't seen the check, now day 38.
Does anyone have first hand knowledge of how Asheville Small Claims Court reacts to clear violations of this law? It doesn't seem to be too protective of the tenant, by offering some incentive to landlords who neglect their obligations but a substantial fine for each day the payment is late. If fact, it appears that unless the tenant takes the landlord to court, and the judge is sympathetic, it is not even clear that damages will be applied.
I welcome first hand accounts from anyone who has "been there, done that." Thanks.
(Because it is a holiday, I can't contact some of the normal resources, e.g. Pisgah Legal Services).
I have no direct experience with this, but I think it's a good idea to require an itemized list of charges if the deposit isn't returned in full. I hope the court system would also require this obligation be met. Unfortunately, landlords are sometimes powerful in various cities, and could influence court outcomes, but I would hope not.
I had to threaten to sue the meadows apts to get my deposit back. I wasn't playing around and knew my rights. I got double the deposit. Send them a final warning with threats to sue. Then take your documentation to pisgah legal services. They can help from there.
I had to threaten to sue the meadows apts to get my deposit back. I wasn't playing around and knew my rights. I got double the deposit. Send them a final warning with threats to sue. Then take your documentation to pisgah legal services. They c. an help from there.
And be sure to send it certified mail so you have proof of sending and receipt.
I think it's a good idea to require an itemized list of charges if the deposit isn't returned in full.
One of the good things about the NC law is that it does require this. Where law seems to be weak is penalties for late return, short of taking the landlord to court. E.G. why not "$100 per day for each day past 30"?
And...failure to clarify or define what is "normal wear and tear" and most especially, what is required when the tenant is supposed to leave the unit "clean." Immaculate and move-in ready? Free of trash, papers, cans and bottles, minor smudges, etc.? Broom clean? Clean windows? Floor polished or just vacuumed? etc.
I want to add here that many tenants move in a rental a fail to document the condition of that rental. I strongly urge any tenant moving into a property take a complete set of photos and have them printed then store in a safe place. I also suggest copying the photos to a flash drive just in case.
One thing I have learned over the years is that I sometimes miss some of the damage to a rental taking only photos. I now also make a video because the video may show something I missed with the photos. This may seem like a lot but the more proof the better your case. Not only that but most LL's knowing that you have well documented the rental will back off and return your deposit without any problem.
With most everyone owning a smartphone there is no reason not to do it.
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