Full question:
My contract states that the tenant is entitled to have their deposit returned if they give me (the landlord) a 30-day written notice. My tenant gave a 30-day notice and then moved out before the 30 days had elapsed. Am I entitled to keep the deposit since the tenant moved out before the end of the 30-day period? If not, am I entitled to keep a portion of the deposit for the days that the tenant originally stated that she would be there?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: North Carolina
Answer:
According to North Carolina law, a landlord can only use a security deposit for specific reasons, including unpaid rent, damages, or costs related to re-renting the property after a tenant breaches the lease (N.C. Gen. Stat. § 42-51). In your case, since the tenant provided a valid 30-day notice, they are entitled to their deposit back, regardless of whether they moved out before the notice period ended.
If the tenant moved out early, you cannot keep the entire deposit. However, you may retain a portion of it for any damages or unpaid rent incurred during the notice period, as long as you can document these costs. You must provide an itemized list of any deductions and return the remaining deposit within 30 days after the tenant vacates (N.C. Gen. Stat. § 42-52).
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.