Legal Question in Landlord & Tenant Law in North Carolina
I am in North Carolina. I have a landlord who has threatened they will not return my security deposit because I am breaking the lease - even if they find someone to rent the place to. I am having to move because of maintenance issues that are unresolved - through no fault of my own. This place has become uninhabitable to me. My lease does not say anything about retaining portions of the security deposit other than for damages or cleaning. I'm unsure about the law, and need some advice.
1 Answer from Attorneys
Unfortunately, breaking the lease does create a damage, and in most cases it is unlikely you would get it back. The better method is to sue in small claims court for rent abatement. This is where you show that the home is worth less than you are paying due to the maintenance issues. You could get a refund of rent, reduced rent, and/or an order to the landlord to make repairs.
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