Phoenix, AZ asked in Consumer Law and Landlord - Tenant for North Carolina

Q: What are reasonable deductions to hold from a security deposit?

I have a tenant that is wanting security deposit back, we have itemized damages done to home by an animal and are not charging tenant for normal wear and tear. The tenant is being charged a move out clean because home was not cleaned. Animal ripped siding off of back of home tenant never replaced or had fixed, simply asked to wait till dog is gone. We are charging $430 for siding/repair, move out clean is $350, removing of her belonging from home $100, damage of baseboards/ door frames from animal $425, replacing smoke detectors missing out of home. Are these relevant charges to charge a tenant? We have invoices and pictures. However my question is, what is considered normal deductions?

Also, What can happen to a landlord if they did not have the security deposit deposited into a trust or bond? Landlord was unaware of this. Just read the law. Landlord is worried tenant will try to sue landlord due to not receiving deposit.

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • Consumer Law Lawyer
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: NCGS 42-50 is the statute that requires the trust account for a deposit. There is no case law interpreting penalties for failure to comply. NCGS 42-51 outlines permitted uses of the security deposit and NCGS 42-52 outline your obligations. So long as you are passing along actual cost and not marking them up, the charges and outline you provided sound fair.

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