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Per NCGS § 42-52, you have 30 Days to account for claims against the deposit. That is done as follows:
1. If no damages you return full deposit.
2. If damages are within the security deposit amount you itemize and return balance.
3. If damages exceed deposit, you itemize and return nothing. (you demand and sue for excess).
4. If damages can not be fully determined, you account for the damages with estimates cost with a final accounting by 60 days of vacating. (you demand and sue for excess)
However, per state law, you must do 1, 2, 3 or 4 within 30 days or you are in violation. If you violate the law, the tenant can sue you for the deposit and ask the court to whap you with an additional amount the Judge deems appropriate to penalize you for not following the law.
Since this was in my own home I have never charged a deposit its a very casual environment and honestly never had a problem I know I am lucky. This was probably the last time I am renting out a room in my house and doing something different with the room. Thanks for your response
Per NC § 1-52(16), you have 3 years to file a claim for property damages since you are not making a claim against a security deposit. Now, be careful as courts expect you to follow the damage timelines as they would apply to security deposits. They will not hold you hard and fast to the 30 days, but they will expect action within a reasonable time, usually 90 days. If you wait too long to document and repair, it can look like you remodeled or did the damages occurred afterwards and you're now trying to blame the old tenant. If the damages are legitimate, just fix and send a demand. If they pay, great. If they don't, sue in small claims or maybe just negotiate or write it off as not worth the effort.
Most likely you have no claim after depreciating the carpet and you not mitigating damages. I didn't go through your state laws but those are the general basics most places.
Most likely you have no claim after depreciating the carpet and you not mitigating damages. I didn't go through your state laws but those are the general basics most places.
In NC, they really can't claim damages for loss rent under the 3 year SOL even if they tried mitigating as they must deal with rent the same as normal. Rent payments have to follow standard landlord tenant laws. Only actual physical property damages can be claimed up to 3 years afterwards, but the courts are notorious for denying claims if there is any delay in filing. So, even though there was no security deposit, if the tenant owes rent, the landlord has to follow the standard process for non payment of rent. The only difference is they have no deposit to use so they take action for the full amount just like if the damages exceeded the deposit. The timelines for rent payments and surrender/early lease termination still follows the regular landlord tenant laws. Since the OP stated this is past the 30 day period, it's doubtful they can now claim loss rent. Even physical damages are questionable when viewed from an obvious or concealed perspective as judges sometimes do.
Question, do judges in AZ still deny SOL damage claims based on visible or hidden? I know at one time landlords couldn't use the states SOL on property damages if the damages could and should have been discovered. This was to prevent a landlord from repairing damages but not asking for payment from the tenant for years.
In NC, they really can't claim damages for loss rent under the 3 year SOL even if they tried mitigating as they must deal with rent the same as normal. Rent payments have to follow standard landlord tenant laws. Only actual physical property damages can be claimed up to 3 years afterwards, but the courts are notorious for denying claims if there is any delay in filing. So, even though there was no security deposit, if the tenant owes rent, the landlord has to follow the standard process for non payment of rent. The only difference is they have no deposit to use so they take action for the full amount just like if the damages exceeded the deposit. The timelines for rent payments and surrender/early lease termination still follows the regular landlord tenant laws. Since the OP stated this is past the 30 day period, it's doubtful they can now claim loss rent. Even physical damages are questionable when viewed from an obvious or concealed perspective as judges sometimes do.
Question, do judges in AZ still deny SOL damage claims based on visible or hidden? I know at one time landlords couldn't use the states SOL on property damages if the damages could and should have been discovered. This was to prevent a landlord from repairing damages but not asking for payment from the tenant for years.
Thank you for your response I was just wanting to know if anyone had dealt with anything like this before. Thanks
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