Legal Question in Landlord & Tenant Law in North Carolina
If I in good faith let my tenants terminate their sub-lease early and on top of that gave them some of the rent money back for the days left that they would no longer at the apartment do I have to give them their security deposit back? Im not the owner of the property as I mentioned before I was the original tenant and sub-leased to them, anyhow, I had them sign a tenancy termination but did not mention the security deposit on it, and neither the master lease or the sub-lease mention anything about what to do with the security deposit under those circumstances. What should I do?
1 Answer from Attorneys
If I understood your question correctly, you are a tenant in a lease and sub let your apartment to someone else. They asked to get out of the lease early and you let them. It also seems that they paid you a security deposit. Under the law, unless your agreement calls for the security deposit to be forfeited, you need to return it to them unless they caused damage. I am not sure of the legality of a person who is subletting an apartment to collect a security deposit.
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