Landlord Withholding Security Deposit

Summary

The tenant in North Carolina had their security deposit withheld by the landlord for unjust reasons. The landlord failed to provide an itemized list of deductions and threatened the tenant. The tenant has evidence and a witness to support their claim. In North Carolina, landlords must return security deposits within 30 days of lease termination and provide an itemized list of deductions. Tenants can sue for withheld deposits and harassment.

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I have all my rent paid up. We recently bought a house and my landlord is trying to keep * deposit bcuz the person before us was living in a hotel and hes trying to charge us the hotel bill and not give us our money. Keeps saying someone has to pay him.
What state are you located in? This will help me provide the most accurate information regarding your landlord-tenant issue.
North Carolina
Did you have a written lease agreement with your landlord? In North Carolina, landlords can only deduct certain things from the security deposit.
Yes
Did you receive an itemized list of deductions from your landlord within 30 days of your lease termination? In North Carolina, landlords are required to provide this.
No. The house was clean when we left. Everything wipes down floors swept. It was in better shape than when we moved in i wiped the walls and everything
Did you take any photos or videos of the property's condition when you moved out? This could serve as evidence in case of a dispute.
In North Carolina:
- Landlords must return deposits within 30 days
- Deductions must be itemized and sent to the tenant.
Yes.
What was the duration of your lease agreement? In North Carolina, landlords are required to return the deposit within 30 days after the termination of the tenancy.
Month to month but we stayed there a year and half. Rent went up to * and we didnt sign a new lease
Did you receive any written notice about the rent increase? In North Carolina, landlords must provide at least 30 days' notice for rent increases.
No. Was told 2 days before we had to pay new rent
Did you provide a written notice to your landlord about your intention to move out? In North Carolina, tenants are required to give a *-day notice for month-to-month leases.
Yes. He was selling the house and we needed to move we paid full months of rent and left on the 27th.
Did your landlord provide you with a written notice about the deductions from your deposit? In North Carolina, landlords must provide an itemized statement if they withhold any part of your deposit.
No. Keeps saying we owe some stranger which now i know its his friend that was living in hotel waiting on us to move and the house was still vacant 10 days after the move
Did you send your landlord a written request for the return of your deposit?
In North Carolina:
- Tenants can send a written request for the return of their deposit.
- If the landlord fails to return the deposit, tenants can sue in small claims court.
Not written on paper but we called and text. He doesnt want us to pay anything on the house . He wants us to pay for someone elses hotel and is trying to take *.* for 7 days.
Did you document your calls and texts requesting the return of your deposit? In North Carolina, it's beneficial to have written proof of such requests.
Yes. I can screen shot and take to court.
What date did you move out of the property? This is important as in North Carolina, landlords must return the deposit within 30 days after the termination of the tenancy.
We paid rent the whole month on August and he wanted us put that month. We moved on the 27th. Still had 2 days before month was over. We was rushed and threatened we would loose our other house.
Did you receive any written notice from your landlord threatening you to leave the house?
Not written but hebwas calling every day and showing up to our house asking if we was gonna pay for his hotel bill bcuz he was staying in a hotel till we moved. Which i didnt know that. But everyday calling me threatening to take my money and ask me for money of who was going to pay for his hotel. We didnt makenany agreement or knew we had to pay anyone living in a hotel.
Did you inform the police or any legal authority about the threats and harassment from your landlord?
No. We didnf want to get kicked out
Did you document any of these threats or harassment incidents, such as recording the calls or saving the text messages?
No. I have my call log. He doesnt text that much but i do have a witness that was over atbthe house when he pulled up asking me for money for a hotel.
Can your witness provide a written statement about what they observed? In North Carolina, witness statements can be used as evidence in court.
Yes
What is the name and contact information of your witness? This could be useful if you decide to take legal action against your landlord.
Marco. I can call him
What is the full name of your landlord and do you have any written communication with him regarding this issue?
I have called several times. Its been about 60 days since we left.
What is the full name of your landlord and do you have his contact information?
Yes. It two people. The one who actually owns the house is nice but the one that managed it got the money and didnt give it back to us. Talking about his electric is off.
What are the names and contact information of the owner and the manager of the house?
Do u need it. I can look it up on my phone but i didnt want to share identity online about them
I understand your concern. Can you tell me if you have any written communication with the owner or manager regarding the deposit issue?
No messages. I have written statements and call log. Both stating he kept coming over to ask for money.
Did you provide your landlord with your new address so they could return your deposit? In North Carolina, landlords are required to return the deposit to the tenant's last known address.
Can you also sue for harrasment
Yes, in North Carolina, you can sue for harassment if it's severe or pervasive. It's best to consult with a local attorney for specific advice.