What are the laws governing the refund of a security deposit?
In North Carolina, the landlord must refund the security deposit to the tenant within 30 days after the tenant has vacated the rental property and returned the keys to the landlord. The landlord is allowed to deduct from the security deposit for any unpaid rent, as well as any damages caused by the tenant. The landlord cannot deduct from the security deposit for “ordinary wear and tear” such as fading paint or worn carpets, unless the lease specifically states that the tenant must pay for such repairs. If the landlord deducts any amount from the security deposit, then he or she must provide the tenant with an itemized list of those deductions. This list must include the amount deducted, the date of the deductions, and the reason for each deduction. The list must be sent to the tenant’s last known address within the same 30 day period. In addition, North Carolina landlords are also required to keep a record of the condition of each rented unit at the time the tenant moves in. This document should contain detailed descriptions and photographs of any existing damage in the unit. If the landlord uses any of the tenant’s security deposit to pay for damages that existed prior to the tenant’s occupancy, then the tenant may file a complaint with the North Carolina Real Estate Commission.
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