[NC] [NC] What are my next steps after providing the apartment complex with a demand letter for my security deposit?
I have provided the apartment with my demand letter for my security deposit. What are my next steps?
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Okay, this is the law in North Carolina about security deposits stating they have 30 days to return your deposit unless they need more time to evaluate damage, upon which an interim notice may be sent within 30 days, with a final determination within 60 days (NCGS § 42-52):
§ 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 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...
And this is the law about what you can sue them for if they violate that law above (NCGS § 42-55):
NC Statutes § 42-55 - Remedies:
If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit...
Upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article... the court may award attorney's fees...
So most courts interpret that as you can sue them for 2x the deposit that they improperly withheld.
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I have provided the apartment with my demand letter for my security deposit. What are my next steps?
Lexi, Chatbot
I understand your situation. Have you received any response from your landlord regarding your demand letter for the security deposit?
Not yet.
Lexi, Chatbot
When did you provide the demand letter to your landlord?
Today.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your security deposit issue.
I moved out of this apartment in August of 2024 and the security deposit is a smaller amount.
Barrister
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation.
Barrister
Can you tell me what state this is in and a little bit of the backstory about what is going on with the deposit?
NC
Barrister
Did the landlord ever send you any written itemized list of deductions that used up your deposit? Did you provide them with a forwarding address?
I have moved out of the Noda Wandry apartments in August and the leasing agent had not updated my information for my security deposit. The apartment vendor emailed me a refund link that looked like spam with an expiring time frame with zero communication that this would occur or expire.
No itemized list was provided. It was verbally explained that I would be charged fees for the utilities disconnection and returned the residual security deposit of $220.
Barrister
Okay, this is the law in North Carolina about security deposits stating they have 30 days to return your deposit unless they need more time to evaluate damage, upon which an interim notice may be sent within 30 days, with a final determination within 60 days (NCGS § 42-52):
§ 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 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...
And this is the law about what you can sue them for if they violate that law above (NCGS § 42-55):
NC Statutes § 42-55 - Remedies:
If the landlord or the landlord's successor in interest fails to account for and refund the balance of the tenant's security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit...
Upon a finding by the court that the party against whom judgment is rendered was in willful noncompliance with this Article... the court may award attorney's fees...
So most courts interpret that as you can sue them for 2x the deposit that they improperly withheld.
This is a small amount and may not be worth a lawsuit and I don't know why they would not pay it.
Barrister
If you provided them your forwarding address then they have a legal duty to send you the itemized list in writing according to the law—not just email it to you.
The apartment complex has been dodging my calls and emails for six months. I provided them with my forwarding information. I have called to update them recently but they have said that they will update my information with their third-party refund company. I called the third-party refund company and they cannot confirm my address due to security reasons.
Barrister
The burden is put on the landlord, not some third-party refund company, to make sure that your deposit is refunded, which they have clearly failed to do. So it would be up to you whether you wanted to pursue this in small claims court or not.
The leasing agent has said that it takes 30 days to get an email sent from their vendor. I have not heard. The next steps would be that they would mail me a check. I have not heard in the past eight months.
I have provided them with a demand letter.
The security deposit is $250 minus fees and there are several prior tenants in this leasing office that are having this issue.
$200 is probably what your charge for an hour of your time.
I feel as though I have no recourse other than providing them with the demand letter and praying that they send me this security deposit.
Barrister
This would be something that you would pursue in small claims court because most attorneys wouldn't really pursue a case like this since you’d have to pay them $800 to $1,000 up front to file a case. And you can file the small claims case for $96 and represent yourself in court.
What would the damages be if we went to small claims court?
Barrister
You can sue them for two times the amount of the deposit that they improperly withheld from you, plus your court costs. All you have to do to file a small claims court case is:
- Go to your local courthouse and fill out the summons and complaint forms that the clerks give you.
- Pay the filing fee.
- They will send you to the sheriff so you can have the sheriff serve the summons on the landlor
- Then you just go to court on the court date and tell your story to the judge and get your judgment against the landlord for what they owe you plus your damages, assuming you win.
Okay, I will do this if I do not hear following my demand letter.
Barrister
Sounds like a plan. And if you haven't sent your demand letter yet you may want to mention in it that your next step will be to file suit if they do not refund your deposit within XX days, whatever you feel is a reasonable time frame...
Did you have any other questions about the situation I can help with?
Thank you for your assistance.
Barrister
You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question.
Barrister
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