Full question:
The North Carolina Security Deposit Act states that landlords must return security deposits Within 30 days. If the landlord processes the check on the 30th day and places in the mail are they still compliant? Or, must the tenant have possession of the security deposit by the 30th day?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: North Carolina
Answer:
The law generally interprets deadlines based on when the mail is sent, not when it is received. This is known as the "mailbox rule." According to this rule, as long as the landlord places the security deposit in the mail within 30 days, they are compliant with the statute. The statute requires landlords to deliver the deposit within 30 days, not for the tenant to receive it by that time.
However, the mailbox rule applies only if mailing is a reasonable form of acceptance and does not require personal delivery by a specific date. For security deposits in North Carolina, the landlord must refund the deposit and provide an itemized list of any damages in writing within 30 days after the tenant has vacated the property (N.C. Gen. Stat. § 42-52). If the tenant's address is unknown, the landlord must hold the balance for at least six months for the tenant to collect.
Landlords cannot withhold part of the security deposit for normal wear and tear or retain more than their actual damages.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.