Questionable Deposit Practices?

[Ther]

Jurisdiction

North Carolina

I moved out of my rental property a month and a half ago. The rental company was actively trying to rent out my property for the month after I moved out. I have screen shots of their ads online saying the property was ready one week after my move out. 28 days after I moved out, they sent me an email stating that they could not get back to me on my security deposit request as the were processing invoices. When I called, the assistant informed me that this was a standard email they sent to all of their tenants. Just yesterday, a month and a half (45 days) after I moved out, they emailed me invoices dated the 5th of July and the 8th of July. These invoices totaled to roughly $1800 more than my security deposit, and included things such as "Painted entire house, removed and replaced carpet, removed wasps nest," etc. My question is this: If the company obviously felt that the property was not unlivable, because they were actively trying to rent it out during the 30 days after I moved, and began to collect invoices after 30 days had passed, even though they sent the standard email 7-10 days earlier, can they charge me my security deposit and expect me to pay $1800 over that amount. It seems like they are trying to make the house look brand new, and expecting me to pay for it.
They also did not take into consideration the amortization of the carpet when charging me.
And they also did not give me a checklist upon my move-in, inspect the house before I moved in, or give me a checklist upon my move out. They could not have known, then, what shape the walls or carpet were in when I moved in (pretty shabby), and could not have known what damage was done by the tenant before me.
The whole situation seems shady, and I was just curious if you guys think I have a case to object and possibly appeal these charges.
Thanks,

 

[army judge]

I never tell anyone they have a case.
There's no way to know if you, or anyone has a case.
All of us have the right to take our grievances before a court if law, rather than taking matters into our own hands.
I sometimes say a person has grounds to file a court case to have the dispute adjudicated before a judge.
That's the way I see your dilemma, take it to court if you chose, let a judge hear both sides and decide.

 

[jayh991]

It sounds like the company has not followed NC law for proper security deposit procedures. According to G.S. 42-50 thru 56, the landlord has 30 days to return the deposit or notify the tenant of the delay. If delayed the landlord has no more than 60 days to return the deposit.

The deposit cannot be used to replace or repair anything which is considered normal wear and tear. The deposit cannot be used to replace carpeting, plumbing, appliances, or fixtures unless there are damages beyond the reasonable scope of usage.

In your case the landlord cannot use your deposit for painting, carpet, or wasp nest removal. They have clearly violated the law.

You need to send a certified letter to the landlord demanding full return of your security deposit within 15 days. If they fail to do so you will need to file a complaint in the district court where the property is located. GS 42-56 states that failure to comply with any measure concerning security deposits automatically forfeits the landlords claims to any of it.

Demand the return, if they fail to do so, sue them for the deposit plus costs.

 

[Gail_in_Georgia]

As previously stated, North Carolina does allow a landlord extra time to send the final documentation regarding the status of their security deposit as long as they have notified the former tenant of this within 30 day of their vacating the rental unit:

§ 42-52. Landlord's obligations.

Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42-51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the extent of the landlord's claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the tenant's address is unknown the landlord shall apply the deposit as permitted in G.S. 42-51 after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages. (1977, c. 914, s. 1; 2009-279, s. 5.)

Did you take pictures of the rental unit at move in and move out? If so, these would be useful to dispute managements claims of damage should this end up in court.

Gail