Although not required by law, many landlords require tenants to pay a security deposit before moved into their new home.
The purpose of a security deposit is to provide landlords with a safety net against any losses caused by tenants.
It covers for things such as:
Excessive damage to the property: Normally, a tenant must return their rented premises in the exact same way they found it (except for normal wear and tear). Sadly, this does not always take place. A tenant may cause excessive property damage, either by accident or through negligence.
Lost rent payments due to the tenant abandoning the unit: Property abandonment is a serious lease violation. When a tenant signs a lease, they agree to stay in their rented premises for a certain duration of time. So, when this happens, you can cut your losses by making appropriate deductions to their security deposit.
Losses in rent payments: Failure by a tenant to pay their rent is a serious violation to the lease agreement. Unfortunately, this is one of the most common problems that landlords in North Carolina experience.
Unpaid utilities after a tenant moves out: A tenant must clear all their utilities once they move out of their rental properties. If they don’t, you have every right to make appropriate deductions to their deposit.
Excessive cleaning costs after a tenant moves out: Tenants must keep their rented premises in clean and sanitary conditions. If they leave your property in a dire state of uncleanliness, you can use part or all of their deposit to have it cleaned by a professional.
Because collecting, storing, and keeping track of security deposits can be time-consuming, many property owners in North Carolina enlist the help of an experienced property management company to handle such tasks on their behalf.
Guide to North Carolina Security Deposit Law
Is there a limit to how much NC landlords can charge their tenants?
Yes, and the specific limit is dependent upon the lease term.
For a weekly lease, you must charge no more than the combined rent of two weeks. For monthly leases, the maximum you can charge should be equivalent to the rent of one and a half months.
And for leases exceeding one month, the limit should be at least the equivalent of two months’ rent.
With that being said, single rooms are exempt from such limits, as well as any other rules on security deposits.
Can landlords require pet deposits in North Carolina?
Yes, you can require your tenants to pay a pet deposit prior to renting your property in North Carolina.
While there is no limit set by law, the deposit must be reasonable. That means it should take into account only the type of damage that could be caused by a pet.
How should landlords hold their tenants’ security deposits?
You must store your tenants' security deposit in one of two ways. The first is that you can choose to store it in a trust account.
The trust account must be in a licensed and federally insured institution or a trust institution within the state of North Carolina.
The second option is that you can choose to store the deposit in form of a bond from an insurance company. The bond should be in the amount of the security deposit, and the company should be licensed to operate in the state.
Once you’ve stored the tenant’s deposit in either of the two ways, you must then notify the tenant. You should do so within 30 days after their lease term begins.
What can the landlord use the deposit for?
You can only use the tenant’s deposit when either the lease has ended or has been broken. Also, when the lease has ended, you can only use it for specific purposes.
For example, you can use a tenant's security deposit to cover:
Unpaid rent, or bills such as sewer or water services that may be claimed against the unit.
Excessive damages to the property. This is the destruction or deterioration that occurs as a result of a tenant’s action.
Costs of storing or removing the tenant’s property after they leave the property.
Damages resulting from the nonfulfillment of the lease agreement.
Costs of re-renting the unit after a tenant leaves.
Can a tenant use the security as last month’s rent?
It isn't common, as normally a security deposit serves a different purpose than rent.
However, if both parties agree to include such a statement in the lease agreement, a tenant's security deposit can be used as the last month's rent.
Are tenants in North Carolina entitled to a walk-through inspection?
This occurs when a tenant moves out of their rented premises at the end of the lease. Both the landlord and tenant walk through the rental to look for any damages or illegal alterations to the unit.
In some states, tenants have a right to be present during the process. However, the opposite is true for tenants in North Carolina.
When should a landlord return the security deposit back to the tenant?
You have 30 days to return the security deposit back to the tenant after they move out. If you made any deductions to the deposit, then you must provide your tenant with an itemized list of the same.
The list of itemized deductions must be in writing and be sent to the tenant alongside the remaining portion of the deposit.
In the event you don’t have the forwarding address, you must hold on to the deposit for six months.
If you own multiple properties, it can be tricky to keep track of these deadlines and procedures. You can avoid potential headaches by instead choosing to work with a property management company.
What happens if you don’t return the security deposit back to the tenant?
If you don't return a tenant's security deposit, they can sue you for wrongful withholding. What’s more, you may also forfeit any rights to the deposit if you’re found to have willfully failed to comply with any of the rules.
Generally, noncompliance to security deposit rules can make a landlord liable to both the damages incurred by the tenant as well as attorney fees.
What happens if the owner decides to sell the property?
If the property ownership is transferred during the lease term, the outgoing landlord will have two options.
One of the options is to transfer the security deposit to the incoming landlord. You’ll then need to let your tenants know of the same.
The other option is to return the deposit back to the tenant, minus lawful deductions.
Disclaimer: For further help, please consider hiring a professional property management company. The information herein is not a substitute for professional legal advice.