Legal Question in Landlord & Tenant Law in North Carolina

My landlord is telling me they can charge me 100 dollars an hour out of my security deposit to fix stuff that they in fact damaged themselves. My husband and I in fact left the place in move in condition ( cleaned and shampooed carpets and etc.) They are saying they have a right to do whatever they want and know the law. I'm waiting my 30 days and thinking of taking them to small claims court. Any suggestions? One of the main damage is They installed a washer and dryer after we moved in and a week before we moved out they removed them so we can fit our furniture out and the dryer left a big tear in the linoleun floor and they said it doesnt matter if they did it or we did it. Thats not right


Asked on 5/05/13, 4:28 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

I sure hope you have them recorded saying it doesn't matter who causes the damage or have it in writing. In NC, the landlord can only charge for damage you cause that is above normal wear and tear. Now if they cause the damage to help you out, they may have an argument there, but if they were careless, even if "helping" you, they are on the hook.

I recommend waiting the 30 days and then sending a notice that it is not acceptable for them to keep your security deposit for the reasons stated or you will sue them for it in 14 days. If they don't send you the security deposit. I recommend you hire an attorney as the statute allows you to sue for both the security deposit and your attorney fees.

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Answered on 5/05/13, 5:08 pm


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