What are the tenant’s rights when a landlord fails to return a security deposit?
In North Carolina, the landlord is required to return a security deposit to the tenant after a lease ends or when the tenant moves out. The landlord has 30 days to return the deposit or provide an itemized list of any deductions taken from it. If the landlord does not comply, the tenant may bring a civil suit in a state or magistrate’s court. The tenant may be able to recover the deposit plus three times the amount of the deposit if the landlord cannot show a lawful reason for withholding the deposit. The tenant should also be aware that the landlord must provide a written statement to the tenant when the deposit is returned. This statement should include any deductions made to the deposit and the remaining balance. In the absence of such a statement, the tenant may be able to seek legal advice from a lawyer in order to pursue a civil suit against the landlord. If the landlord still refuses to return the security deposit after the tenant has taken legal action, the tenant may consider contacting the North Carolina Department of Insurance or the Attorney General’s office. Both of these offices can provide additional guidance and assistance for the tenant. It is important for tenants in North Carolina to remember that they have rights and should not accept a landlord’s refusal to return a security deposit. The tenant should carefully review the lease, the security deposit terms, and the laws in North Carolina in order to protect their rights as a tenant.
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