Legal Question in Landlord & Tenant Law in North Carolina

I sent a previous question. I'm not sure that I was clear. I had stated that our rental property had 4 stepping stones on the property and the tenant added 3 more stones. When he moved, he and his girlfriend dug up the stones. The lawyer had responded that it was okay for them to take the stones and we should use his security deposit to fix the yard. The tenant didn't just take the 3 stones that he put down - he also took the 4 stones that were already in place. Also, since this was a verbal agreement, there is not a security deposit. Can he remove stones that were already in place at the time that he moved there?


Asked on 7/26/15, 3:51 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

First...always sign a lease and always get a security deposit for this very reason...you are in an unfortunately difficult spot.

No, they are obviously not entitled to take your property...but I suspect they will try to claim that they put all of the stones down. Hopefully you have some proof that the 4 stones were there before him.

Since there is no security deposit, you will be able to sue for the cost of any damage. Unfortunately, it may not be worth it. The cost of the stones and replacing them is probably less than the cost and effort needed for a lawsuit. Second, unless this tenant has significant money and assets any judgment you may obtain would likely never be collected.

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Answered on 7/26/15, 4:01 am


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