Previous landlord never gave back security deposit

[Corey1091]

Jurisdiction

North Carolina

Hi the previous landlord who were roommates never gave back my security deposit after they got evicted. They let me use their storage unit and also stole my stuff from their storage unit tried to reach them and they ignored me completely. What options do I have?

 

[army judge]

What options do I have?

When EXACTLY did this upsetting event occur?

What is the PRECISE amount of money you allege is owed to you?

Did you have a WRITTEN LEASE or an oral agreement?

==========================

The maximum amount a landlord can charge as a security deposit in North Carolina depends on the length of the lease in question:

Week-to-week lease: Two weeks' rent.
Month-to-month lease: One and one-half months' rent.
Leases longer than month-to-month: Two months' rent.
Pet deposits: This standard is less specific and defined as a "reasonable, nonrefundable" deposit.
Keeping Security Deposits
Landlords may be able to keep all or a portion of a tenant's security deposit for:

Unpaid rent
Unpaid utility bills
Damage in excess of normal wear and tear
Breach of lease
Costs of re-renting the unit
Costs to remove and store tenant's possessions after an eviction
Court costs
Any additional unpaid bills a tenant has accumulated during tenancy that could cause a lien to be placed against a property
Time Limits
Landlords in North Carolina normally have 30 days after a tenant moves out to return a security deposit by mail or in person. Landlords unable to accurately calculate the charges within the 30-day window have 60 days to return the deposit or the balance of the deposit. If taking 60 days, landlords still must provide tenants with an estimate of charges within 30 days. Landlords also must provide an itemized list of damages or deductions.

Tenants can file lawsuits against landlords who do not follow proper procedures as spelled out in North Carolina's Tenant Security Deposit Act.

When tenants do not provide forwarding addresses, landlords may use as much of the balance as necessary to pay for damages or other deductions. Tenants have six months to claim any remaining portions of a deposit.

FAQs About North Carolina's Security Deposit Law
... ===... ===...

https://www.ncrec.gov/Brochures/TenantBrochure.pdf

Chapter 42 - Article 6

2021 North Carolina General Statutes :: Chapter 42 - Landlord and Tenant :: Article 6 - Tenant Security Deposit Act.

...... - - - - - -...... - - - - - -......

 

[adjusterjack]

What options do I have?

Sue them in small claims court for whatever financial wrong you allege that they did to you.

Keep in mind that the odds are against ever collecting from thieves and deadbeats even if you do manage to win a judgment.

Beyond that, learn a life lesson from the school of hard knocks. Never do roommates. Period. Full stop. No ifs, and, or buts.

 

[army judge]

Keep in mind that the odds are against ever collecting from thieves and deadbeats even if you do manage to win a judgment.

Beyond that, learn a life lesson from the school of hard knocks. Never do roommates. Period. Full stop. No ifs, and, or buts.

There are many truths known (and/or) available to savvy people in this life.

Two of those truths have been recited by @adjusterjack HEREINABOVE!!!

 

[adjusterjack]

Yes, I am a bringer of truth to the uninitiated.

 

[zddoodah]

the previous landlord who were roommates never gave back my security deposit after they got evicted.

I think what you're saying here is that you were a subtenant. Correct? How much was the security deposit that the primary tenant/your landlord paid to the landlord? How much was the deposit that you paid to the primary tenant? How much of the deposit did the landlord return to the primary tenant? When did you move out? When was the primary tenant evicted? Did you have a written lease with your landlord/the primary tenant? If so, did it impose any obligation on them to return your deposit if the landlord doesn't return all of their deposit?

They let me use their storage unit and also stole my stuff from their storage unit

When did you discover this? When did you report this alleged crime to the police? What, if anything, did the police do about it? What is the value of the stuff that was stored (current fair market value, not cost to replace)?