Does my landlord have the legal right to keep my security deposit??

Question

I live in NC and we will be moving soon. There was never any signed agreement, as we are renting the home from a couple. Even when I ASKED for a lease, their response is "Why do you need one?" Today I was speaking with one of the owners and I offered to help them repaint the home so they could sell it. (The previous tenants painted the walls weird colors, plus they have just gotten dirty over time). I explained that is the only wear and tear we have made on the house and we want to make sure we get our security deposit back. She basically said "No, I don't need your help. That's what the security deposit was for, to cover painting and things like that". Now, that infuriated me because when we first moved in, I had to clean the whole house because the previous tenant "had back problems" and couldn't do it herself. PLUS, we have had roof leaks that they won't fix and we have never had smoke detectors in our house. We feel that they are just trying to con us out of our money.

I thought the purpose of a security deposit was to offer the landlord protection in the event a tenant created any type of damage to the property (which is NOT the case) and does NOT include normal wear and tear. What can we do??

We are not smokers. The walls were not repainted when we moved in, so the dirt and scuff marks left over from the previous tenants are still there along with ours. Plus we cannot "wash" the walls if the landlord/previous tenants used cheap paint. We do have hand written receipt which says "security deposit", and it also has our first month's prorated rent.

Answer 1

I think you've got a case. I don't know NC law, but I think you should contact your county bar association and see if a lawyer will give you a free or low cost appointment to tell you where you stand.

When a landlord rents a property, he has to expect "normal wear and tear".

Answer 2

Check with your municipality. Many have ordinances on security deposits. And you are correct, a security deposit is to cover damages, not normal wear and tear - and painting, carpet cleaning and such would be considered normal.

In some locations, if the landlord does not give an itemized list of damages to the tenant within a particular time, like 30 days, the tenant has a right to their entire deposit back - and sometimes as much as triple the amount of the deposit.

It's been a common scam for a long time for landlords to try to keep deposits, that's why many of the ordinances were put in place. In your case, it might not be so much a deliberate scam attempt as a misunderstanding on the part of the landlord as to what a security deposit it - if you didn't even have a written lease, they are obviously not exactly up on landlord/tenant procedures.

Good luck.

Answer 3

You should always do two things before you move one piece of furniture into a new rental unit. Take pictures using a camera that dates them and do a walk though with the landlord writting down any and all problems. See a cracked window, write it down. Explain that you are not asking for the minor problems to be repaired, simply observed. Have the landlord sign the walk through notice. Do the same thing as soon as you have finished moving out and cleaned the rental unit. Try to do this at least 2 days before your rental term ends.
It seems that more than 50% of the time landlords think they are entitled to some or all of the tenant's security deposit.
Also, throughout the rental keep receipts for all rental payments. Send all written correspondance by certified mail return receipt requested.
I know everything seems all good and wonderful when you rent a new home but things can turn around so quickly.
In your case, take pictures when you move out, ask the landlord to do a walk though and ask him/her to write down any problems they observe that they will expect you to pay for. If they say they will charge you for painting ask if you can paint or try washing the walls. If they say they will charge you for carpet cleaning, rent a carpet shampooer, clean the carpets, take more pics and save the receipt for court. This is where you will need the couple of extra days, you need to complete all of these things while you are still paying rent.
If they do not return your deposit you will have evidence to use if you decide to take them to small claims court.

Answer 4

First of all, dirty walls is not wear and tear. You are supposed to wash walls when they get dirty, especially if you are smokers. That is maintenance you are responsible for.
You dont have a lease. She may be using what you call a deposit for painting and such, but it may have been a non-refundable deposit. Do you have a receipt from the landlord stating it is a security deposit? No, not your check or money order. If it indeed was non refundable, and it sounds like it was, then you dont have any money coming back.
As far as the roof leaking and the smoke detectors, you should have notified the city inspector. They would force her as a landlord (if she is registered) to fix these items or shut her down from renting out the home. The smoke detectors you could have bought for $5 if you felt unsafe and deducted them off the rent with the proper receipt.
For the future, inspect the home you want to live in first and make sure everything is ok BEFORE you move in. And make sure you get a copy of your lease at the time you sign it. Not afterwards.

Answer 5

No they do not have a legal right to keep it (based on your post). Security deposit is for just that SECURITY if a tenant breaks a lease and/or leaves the place damaged. For the fact you do not have a lease is the first reason they can not keep your deposit and secondly you are not breaking a lease (gave at least 30 days notice) and are willing to clean before you leave. If she is saying that is what a security deposit is for, she is sadly mistaken. Many apartments and/or property management companies require a $100 - $500 redecoration fee. THIS fee covers painting, carpet, and minor wear and tear before a new tenant moves in. You have a valid case and you are entitled to all your security deposit back.

Answer 6

North Carolina has a tenant deposit security act, as do most states. The law specifically states that security deposits cannot be used for ordinary wear and tear. You can view some information from your attorney general regarding the act here:

communityhousing.duke.edu/Legal/security deposits booklet.pdf

Your landlord must spell out, in writing, any charges to your security deposit within 30 days after the termination of the tenancy (you must provide an address). There are "dispute resolution centers" in many areas of NC. You should look for one in your area.

Answer 7

The purpose of security is not wear and tear and for damages like holes in walls and major damages you know being there are no smoke detectors and leaky roof you might not have to pay rent (in new York you would not) I lived In an apartment that landlord refused to fix roof so I refused to pay rent it sound to me like you have a slum lord and that your next step will be small claims court . Bit of advice take pictures with dates on them and if possible use a camcorder with dates i would also get the newspaper from that day and make sure you get that on the camcorder this would all pretty much cover your a $$ in case they try to destroy the place once your out

Answer 8

In most states, normal wear and tear in not considered a part of the security deposit. Your first mistake was not getting a copy of the lease agreement, conversely as one does not appear to exist, you can't be held accoutable for much. I would file a suit in small claims court. If you use an attorney, the defendant (if found to owe in the case) will have to pay you for your attorney, court costs plus what ever you are suing for. Since this is/was a rental property, I would also consult the local fire dept. and see if they will perform an inspection for the smoke detectors and make a report. Most states require rental property to have working smoke detectors. Again without a contract both sides have little to bring in the way of breach of contract.

Answer 9

Don't pay them one cent more! As landlords (in the state I live in) they are required to put the security deposit in an interest bearing escrow account. In my state we are required to provide them notice of the account that it is in within 15 days. You are only responsible for damage that is not normal wear and tear. You should write up a repair request since you don't have smoke detectors and a leaky roof. Until the items are fixed, withhold any additional rent and put it in an escrow account. Make sure to put things in writing and either have them sign the papers and keep copies or send through certified mail. If they don't change their tune about the security deposit you may have to go to small claims court,

Answer 10

Normal wear and tear does have to be repaired by the owners so they do have a right to keep the deposit for that reason.

Also, you should have gotten a signed agreement no matter what the landlord said. That should have sent off red flags right there.

Your only solution is to take them to small claims court if you feel you have a right to the money.