Chapel Hill, NC asked in Landlord - Tenant for North Carolina

Q: Can landlord keep security deposit if we terminate early and they have found new tenants for the same month?

Foolishly my husband and I signed a one year lease agreement and a 2 hours later we ended up finding a home we wanted to purchase. Yes, we did it backwards and no I don't need a lecture on that! Upon letting the landlord know he said he would be keeping our $2100 security deposit (one month worth of rent and that was all we paid). Our lease was to begin on the 1st of July and we noticed he was able to rent the home out to other tenants (he did drop the price $150/mo) who signed a lease & moved in in the middle of the same month (July). Is the landlord required to return the prorated amount of our security deposit to us from the date they signed their lease to the end of the month? We obviously never moved in so there are no damages, repairs, etc.

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1 Lawyer Answer
Andrew Gordon
Andrew Gordon
  • Landlord Tenant Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Unpaid rent is one item that can be paid out of a security deposit. Costs of re-renting the premises are another. You can ask for some or all of your security deposit back given the circumstances. If you can't agree on an amount, I'd suggest speaking with a landlord tenant attorney about your options.

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